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^election taws 


-—OF THE—- 

STATE OF OHIO 


And of the United States 
of America 

so FAR AS THEY RELATE TO THE CON¬ 
DUCT OF ELECTIONS and the DUTIES OF 
OFFICERS IN CONNECTION THEREWITH 


i 



COMPILED BY 

THE SECRETARY OF STATE 
























ELECTION LAWS 

OF THE 


STATE OF OHIO 

Or ! 

AND OF --• 

3S-7 

THE UNITED STATES OF AMERICA 


SO FAR AS TFIEY RELATE TO THE CONDUCT OF 
ELECTIONS AND THE DUTIES OF OFFICERS 

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IN CONNECTION THEREWITH. 


Compiled by 


THE SECRETARY OF STATE 



Springfield, Ohio: 

State Printers. 

The Springfield Publishing Company, 


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ELECTIOll LAWS OF THE UNITED STATES. 


CITIZENSHIP. 

Section 1992. All persons born in the United States 
and not subject to any foreign power, excluding Indians not 
taxed, are declared to be citizens of the United States. 

Sec. 1993. All children heretofore born or hereafter 
born out of the limits and jurisdiction of the United States, 
whose fathers were or may be at the time of their birth citi¬ 
zens thereof, are declared to be citizens of the United States; 
but the rights of citizenship shall not descend to children 
whose fathers never resided in the United States. 

Sec. -1994. Any woman who is now or may hereafter 
be married to a citizen of the United States, and who might 
herself be lawfully naturalized, shall be deemed a citizen. 

Sec. 1995. All persons born in the district of country 
formerly known as the territory of Oregon, and subject to 
the jurisdiction of the United States on the i8th [of] May, 
1872, are citizens in the same manner as if born elsewhere 
in the United States. 

Sec. 1996. All persons who deserted the military or 
naval service of the United States, and did not return there¬ 
to or report themselves to a provost marshal within sixty 
days after the issuance of the proclamation by the President, 
dated the nth day of March, 1865, are deemed to have vol¬ 
untarily relinquished and forfeited their rights of citizenships 
as well as their right to become citizens; and such deserters 
shall be forever incapable of holding any office of trust or 
profit under the United States, or of exercising any rights of 
citizens thereof. 

Sec. 1997. No soldier or sailor, however, who faith¬ 
fully served according to his enlistment until the 19th day of 
April, 1865, and who, without proper authority or leave first 
obtained quit his command or refused to serve after that 
date, shall be held to be a deserter from the army or navy; 
but this section shall be construed solely as a removal of any 
disability such soldier or sailor may have incurred, under the 
preceding section, by the loss of citizenship and of the right 
to hold office in consequence of his desertion. 


Who are citi¬ 
zens. 


Children of 
citizens born 
abroad. 


Married wom¬ 
en. 


Persons born 
in Oregon. 


Forfeiture of 
citizenship. 


Certain sol¬ 
diers and sail¬ 
ors exempted 
from forfeit¬ 
ure. 



4 


ELECTION LAWS OF THE UNITED STATES. 


Avoiding the 
draft. 


Right of ex¬ 
patriation de¬ 
clared. 


Protection of 
naturalized 
citizens in 
foreign states. 


Interference 
by army or 
naval oflacers. 


Race, color, or 
previous con¬ 
dition not to 
affect the 
right to vote. 


Aliens, how 
naturalized. 


Sec. 1998. Every person who hereafter deserts the 
military or naval service of the United States, or who, being 
duly enrolled, departs the jurisdiction of the district in 
which he is enrolled, or goes beyond the limits of the United 
States with intent to avoid any draft into the military or 
naval service, lawfully ordered, shall be liable to all the pen¬ 
alties and forfeitures of section nineteen hundred and ninety- 
six. 

Sec. 1999. Whereas, the right of expatriation is a 
natural and inherent right of all people, indispensable to 
the enjoyment of the rights of life, liberty, and the pupuit 
of happiness; and whereas, in the recognition of this princi¬ 
ple this government has freely received emigrants from all 
nations, and invested them with the rights of citizenship; 
and whereas it is claimed that such American citizens, with 
their descendants, are subjects of foreign states, owing alle¬ 
giance to the governments thereof; and whereas, it is nec 
essary to the maintenance of public peace that this claim of 
foreign allegiance should be promptly and finally disavowed; 
therefore, any declaration, instruction, opinion, order, ^ or 
decision of any officer of the United States which denies, 
restricts, impairs, or questions the right of expatriation, is 
declared inconsistent with the fundamental principles of the 
republic. 

Sec. 2000. All naturalized citizens of the United 
States, while in foreign countries, are entitled to and shall 
receive from this government the same protection of per¬ 
sons and property which is accorded to native born citizens. 

THE ELECTIVE FRANCHISE. 

Sec. 2003. No officer of the army or navy of the 
United States shall prescribe or fix, or attempt to prescribe 
or fix, by proclamation, order, or otherwise, the qualifica¬ 
tions of voters in any state, or in any manner interfere with 
the freedom of any election in any state, or with the exercise 
of the free right of suffrage in any state. 

Sec. 2004. All citizens of the United States who are 
otherwise qualified by law to vote at any election by the 
people in any state, territory, district, county, city, parish, 
township, school district, municipality, or other territorial 
subdivision, shall be entitled and allowed to vote at all such 
elections, without distinction of race, color, or previous con¬ 
dition of servitude; any constitution, law, custom, usage, 
or regulation of any state or territory, or by or under its 
authority, to the contrary notwithstanding. 

NATURALIZATION. 

Sec. 2165. An alien may be admitted to become a citi¬ 
zen of the United States in the following manner, and not 
otherwise: 




ELECTIOlSr LAWS OF THE UNITED STATES. 


6 


First. He shall declare on oath, before a circuit or dis¬ 
trict court of the United States, or a- district or supreme 
court of the territories, or a court of record of any of the 
states having- common law jurisdiction, and a seal and 
clerk, two years, at least, prior to his admission, that it is 
bona fide his intention to become a citizen of the United 
States, and to renounce forever all allegiance and fidelity to 
any foreign prince, potentate, state, or sovereignty, and, par¬ 
ticularly, by name,' to the prince, potentate, state, or sover¬ 
eignty of which the alien may be at the time a citizen or 
subject. 

Second, He shall, at the time of his application to be 
admitted, declare, on oath, before some one of the courts 
above specified, that he will support the constitution of the 
United States, and that he absolutely and entirely renounces 
and abjures all allegiance and fidelity to every foreign prince, 
potentate, state, or sovereignty; and, particularly, by name, 
to the prince, potentate, state, or sovereignty of which he 
was before a citizen or subject; which proceedings shall be 
recorded by the clerk of the court. 

Third. It shall be made to appear to the satisfaction of 
the court admitting such alien that he has resided within 
the United States five years at least, and within the state or 
territory where such court is at the time held, one year at 
least; and that during that time he has behaved as a man of 
good moral character, attached to the principles of the con¬ 
stitution of the United States, and well disposed to the good 
order and happiness of the same; but the oath of the appli¬ 
cant shall in no case be allowed to prove his residence. 

Fourth. In case the alien applying to be admitted to 
citizenship has borne any hereditary title, or been of any of 
the orders of nobility in the kingdom or state from which 
he came, he shall, in addition to the above requisites, make 
an express renunciation of his title or order of nobility in the 
court to which his application is made, and his renunciation 
shall be recorded in the court. 

Fifth. Any alien who was residing within the limits 
and under the jurisdiction of the United States before the 
twenty-ninth day of January, one thousand seven hundred 
and ninety-five, may be admitted to become a citizen, on 
due proof made to some one of the courts above specified, 
that he has resided two years, at least, within the jurisdiction 
of the United States, and one year, at least, immediately 
preceding his application, within the state or territory 
where such court is at the time held; and on his declaring 
on oath that he will support the constitution of the United 
States, and that he absolutely and entirely renounces and 
abjures all allegiance and fidelity to any foreign prince, po¬ 
tentate, state, or sovereignty, and, particularly, by name, 
to the prince, potentate, state, or sovereignty whereof he was 
befdre a citizen or subject; and, also on its appearing to the 


Declaration of 
intention. 




Oath to sup¬ 
port the con¬ 
stitution of the 
United States. 


Residence in 
United States, 
or states, and 
good moral 
character. 


Titles of no¬ 
bility to be 
renounced. 


Persons resid¬ 
ing in the 
United States 
before Jan¬ 
uary 29. 1795. 


6 


ELECTION LAWS OF THE UNITED STATES. 


Persons resid¬ 
ing between 
June 18, 1798, 
and June 18, 
1812; declara¬ 
tion for natur¬ 
alization, 
made. 


Aliens honor¬ 
ably dis¬ 
charged from 
military ser¬ 
vice. 


satisfaction of the court, that during such term of two years 
he has behaved as a man of good moral character, attached 
to the constitution of the United States, and well disposed to 
the good order and happiness of the same; and where the 
alien, applying for admission to citizenship, has borne any 
hereditary title, or been of any of the orders of nobility in 
the kingdom or state from which he came, on his, moreover, 
making in the court an express renunciation of his title or 
order of nobility. All of the proceedings, required in this 
condition to be performed in the court, shall be recorded by 
the clerk thereof. 

Sixth. Any alien who was residing within the limits 
and under the jurisdiction of the United States, between the 
eighteenth day of June, 'one thousand seven hundred and 
ninety-eight, and the eighteenth day of June, one thousand 
eight hundred and twelve, and who has continued to reside 
within the same, may be admitted to become a citizen of the 
United States without having made any previous declaration 
of his intention to become such; but whenever any person, 
without a certificate of such declaration of intention, makes 
application to be admitted a citizen, it must be proved to the 
satisfaction of the court, that the applicant was residing 
within the limits and under the jurisdiction of the United 
States before the eighteenth day of June, one thousand eight 
hundred and twelve, and has continued to reside within the 
same; and the residence of the applicant within the limits 
and under the jurisdiction of the United States, for at least 
five years immediately preceding the time of such application^ 
must be proved by the oath of citizens of the United States, 
which citizens shall be named in the record as witnesses; 
and such continued residence within the limits and under the 
jurisdiction of the United States, when satisfactorily proved, 
and the place where the applicant has resided for at least five 
years, shall be stated and set forth, together with the names 
of such citizens, in the record of the court admitting the 
applicant; otherwise the same shall not entitle him to be con¬ 
sidered and deemed a citizen of the United States. [Be it en¬ 
acted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That the 
declaration of intention to become a citizen of the United 
States, required by section two thousand one hundred and 
sixty-five of the Revised Statutes of the United States, may 
be made by an alien before the clerk of any of the courts 
named in said section two thousand one hundred and sixty- 
five; and all such declarations heretofore made before any 
such clerk are hereby declared as legal and valid as if made 
before one of the courts named in said section.] 

Sec. 2166. Any alien, of the age of twenty-one years ' 
and upward, who has enlisted, or may enlist, in the armies 
of the United States, either the regular or the volunteer 
forces, and has been, or may be hereafter, honorably dis¬ 
charged, shall be admitted to become a citizen of the United 


ELECTION LAWS OF THE UNITED STATES. 


7 


States, upon his petition, without any previous declaration of 
his intention to become such; and he shall not be required 
to prove more than one year’s residence within the United 
States previous to his application to become such a citizen; 
and the court admitting such alien shall, in addition to such 
proof of residence and good moral character, as now pro¬ 
vided by law, be satisfied by competent proof of such person’s 
having been honorably discharged from the service of the 
United States. 


Sec. 2167. Any alien, being under the age of twenty- 
one years, who has resided in the United States three years 
next preceding his arriving at that age, and who has con¬ 
tinued to reside therein to the time he may make application 
to be admitted a citizen thereof, may, after he arrives at the 
age of twenty-one years, and after he has resided five years 
within the United States, including the three years of his 
minority, be admitted a citizen of the United States, without 
having made the declaration required in the first condition of 
section twenty-one hundred and sixty-five; but such alien 
shall make the declaration required therein at the time of his 
admission; and shall further declare, on oath, and prove to 
the satisfaction of the court, that, for two years next pre¬ 
ceding, it has been his bona fide'intention to become a citizen 
of the United States; and he shall in all other respects com¬ 
ply with the laws in regard to naturalization. 


Minor 

dents. 


resi- 


Sec. 2168. When any alien, who has complied with 
the first condition specified in section twenty-one hundred deciarents. 
and sixty-five, dies before he is actually naturalized, the 
widow and the children of such alien shall be considered 
as citizens of the United States, and shall be entitled to all 
rights and privileges as such, upon taking the oaths pre¬ 
scribed by law. 


Sec. 2169. The provisions of this title shall apply to nativity 

aliens [being free white persons, and to aliens] of African and descent.’ 
nativity and to persons of African descent. 


Sec. 2170. No alien shall be admitted to become a cit¬ 
izen who has not for the continued term of five years next 
preceding his admission resided within the United States. 


Residence of 
five years in. 
the United 
States. 


Sec. 2171. No alien who is a native citizen or subject, 
or a denizen of any country, state, or sovereignty with which 
the United States are at war, at the time of his application, 
shall be then admitted to become a citizen of the United 
States; but persons resident within the United States, or the 
territories thereof, on the eighteenth day of June, in the 
year one thousand eight hundred and twelve, who had be¬ 
fore that day made a declaration, according to law, of their 
intention to become citizens of the United States, or who 
were on that day entitled to become citizens without making 
such declaration, may be admitted to become citizens thereof, 
notwithstanding they were alien enemies at the time and in 


Alien enemies 
not admitted. 


8 


ELECTION' LAWS OF THE UNITED STATES. 


Children of 
persons natur¬ 
alized under 
certain laws 
to be citizens. 


Naturalization 
of seamen. 


Taking false 
oath In natur¬ 
alization. 


False persona¬ 
tion, etc., in 
procuring 
naturalization. 


the manner prescribed by the laws heretofore passed on that 
subject; nor shall anything herein contained be taken or 
construed to interfere with or prevent the apprehension and 
removal, agreeably to law, of any alien enemy at any time 
previous to the actual naturalization of such alien. 

Sec. 2172. The children of persons who have been 
duly naturalized under any law of the United States, or who, 
previous to the passing of any law on that subject, by the 
government of the United States, may have become citizens 
of any one of the states, under the laws thereof, being under 
the age of twenty-one years at the time of the naturalization 
of their parents, shall, if dwelling in the United States, be 
considered as citizens thereof; and the children of persons 
who now are, or have been, citizens of the United States, 
shall, though born out of the limits and jurisdiction of the 
United States, be considered as citizens thereof; but no per¬ 
son heretofore proscribed by any state, or who has been 
legally convicted of having joined the army of Great Britian 
during the Revolutionary War, shall be admitted to become a 
citizen without the consent of the legislature of the state in 
which such person was proscribed. 

Sec. 2174. Every seaman, being a foreigner, who de¬ 
clares his intention of becoming a citizen of the United States 
in any competent court, and shall have served three years 
on board of a merchant vessel of the United States subse¬ 
quent to the date of such declaration, may, on his application 
to any competent court, and the production of his certificate 
of discharge and good conduct during that time, together 
with the certificate of his declaration of intention to become 
a citizen, be admitted a.citizen of the United States; and 
every seaman, being a foreigner, shall, after his declaration 
of intention to become a citizen of the United States, and 
after he shall have served such three years, be deemed a 
citizen of the United States for the purpose of manning and 
serving on board any merchant vessel of the United States 
anything to the contrary in any act of congress notwith¬ 
standing; but such seaman shall, for all purposes of protec¬ 
tion as an American citizen, be deemed such, after the filing 
of his declaration of intention to become such citizen. 

Sec. 5395. In all cases where any oath or affidavit is 
made or taken under or by virtue of any law relating to the 
naturalization of aliens, or in any proceedings under such 
laws, any person taking or making such oath or affidavit 
who knowingly swears falsely, shall be punished by im¬ 
prisonment not more than five years, nor less than one year, 
and by a fine of not more than one thousand dollars. 

Sec. 5424. Every person applying to be admitted a 
citizen, or appearing as a witness for any such person, who 
knowingly personates any other person than himself, or 


ELECTION' LAWS OF THE UNITED STATES. 


9 


falsely appears in the name of a deceased person, or in an 
assumed or fictitious name, or falsely makes, forges, or coun¬ 
terfeits any oath, notice, affidavit, certificate, order, record, 
signature, or other instrument, paper, or proceeding required 
or authorized by any law relating to or providing for the 
naturalization of aliens; or who utters, sells, disposes of, or 
uses as true or genuine, or for any unlawful purpose, any 
false, forged, antedated, or counterfeit oath, notice, certifi¬ 
cate, order, record, signature, instrument, paper, or proceed¬ 
ing above specified; or sells or disposes of to any. person, 
other than the person for whom it was originally issued, any 
certificate of citizenship, or certificate showing any person to 
be admitted a citizen, shall be punished by imprisonment at 
hard labor not less than one year, nor more than five years, 
or by a fine of not less than three hundred nor more than one 
thousand dollars, or by both such fine and imprisonment. 

Sec. 5425. Every person who uses, or attempts to use, 
or aids, or assists, or participates in the use of any certificate 
of citizenship, knowing the same to be forged, or counter¬ 
feit, or antedated, or knowing the same to have been pro¬ 
cured by fraud or otherwise unlawfully obtained; or who, 
without lawful excuse, knowingly is possessed of any false, 
forged, antedated, or counterfeit certificate of citizenship, 
purporting to have been issued under the provisions of any 
law of the United States relating to naturalization, knowing 
such certificate to be false, forged, antedated, or counterfeit, 
with intent unlawfully to use the same; or obtains, accepts, 
or receives any certificate of citizenship known to such per¬ 
son to have been prqcured by fraud or by the use of any false 
name, or by means of any false statement made with intent 
to procure, or to aid in procuring, the issue of such certificate, 
or known to such person to be fraudulently altered or ante¬ 
dated ; and every person who has been or may be admitted 
to be a citizen who, on oath or by affidavit, knowingly denies 
that he has been so admitted, with intent to evade or avoid 
any duty or liability imposed or required by law, shall be 
imprisoned at hard labor not less than one year nor more 
than five years, or be fined not less than three hundred dollars 
nor more than one thousand dollars, or both such punish¬ 
ments may be imposed. 

Sec. 5426. Every person who in any manner uses for 
the purpose of registering as a voter, or as evidence of a 
right to vote, or otherwise, unlawfully, any order, certificate 
of citizenship, or certificate, judgment, or exemplification, 
showing any person to be admitted to be a citizen, whether 
heretofore or hereafter issued or made, knowing that such 
order or certificate, judgment, or exemplification has been 
unlawfully issued or made; and every person who unlawfully 
uses, or attempts to use, any such order or certificate, issued 
to or in the name of any other person, or in a fictitious name, 
or the name of a deceased person, shall be punished b> im¬ 
prisonment at hard labor not less than one year nor more 


Using: false 
certificate of 
citizenship, 

etc. 


Using false 
certificate, 
etc., as evi¬ 
dence of a 
right to vote. 


10 


ELECTION LAWS OF THE UNITED STATES. 


Aiding or 
abetting vio¬ 
lation of pre¬ 
ceding sec¬ 
tions. 


Falsely claim¬ 
ing citizen¬ 
ship. 


Provisions 
applicable to 
all courts of 
naturalization 


Inltimi dating 
voters by 
bribery or 
threats. 


Conspiracy to 
injure or in¬ 
timidate citi- 
•zens in the 
exercise of 
civil rights. 


than five years, or by a fine of not less than three hundred 
nor more than one thousand dollars, or by both such fine and 
imprisonment. 

Sec. 5427. Every person who knowingly and intention¬ 
ally aids or abets any person in the commission of any felony 
denounced in the three preceding sections, or attempts to 
do any act therein made felony, or counsels, advises, or pro¬ 
cures, or attempts to procure, the commission thereof shall 
be punished in the same manner and to the same extent as 
the principal party. 

Sec. 5428. Every person who knowingly uses any cer¬ 
tificate of naturalization heretofore granted by any court, or 
hereafter granted, which has been or may be procured 
through fraud or by false evidence, or has been or may be 
issued by the clerk, or any other officer of the court without 
any appearance and hearing of the applicant in court and 
without lawful authority; and every person who falsely rep¬ 
resents himself to be a citizen of the United States, without 
having been duly admitted to citizenship, for any fraudulent 
purpose whatever, shall be punishable by a fine of not more 
than one thousand dollars, or be imprisoned not more than 
two years, or both. 

Sec. 5429. The provisions of the five preceding sec¬ 
tions shall apply to all proceedings had or taken, or attempted 
to be had or taken, before any court in which any proceeding 
for naturalization may be commenced or attempted to be 
commenced. 


CRIMES AGAINST ELECTIVE FRANCHISE. 

Sec. 5507. Every person who prevents, hinders, con¬ 
trols, or intimidates another from exercising, or in exercising, 
the right of suffrage, to whom that right is guaranteed by 
the fifteenth amendment to the constitution of the United 
States, by means of bribery or threats of depriving such per¬ 
son of employment or occupation, or of ejecting such person 
from a rented house, lands, or other property, or by threats 
of refusing to renew leases or contracts for labor, or by 
threats of violence to himself or family, shall be punished as 
provided in the preceding section. 

Sec. 5508. If two or more persons conspire to injure, 
oppress, threaten, or intimidate any citizen in the free exer¬ 
cise or enjoyment of any right or privilege secured to him 
by the constitution or laws of the United States, or because 
of his having so exercised the same; or if two or more per¬ 
sons go in disguise on the highway, or on the premises of 
another, with intent to prevent or hinder his free exercise 
or enjoyment of any right or privilege so secured, they shah 


ELECTIOlSr LAWS OF THE UNITED STATES. 


11 


be fined not more than five thousand dollars and imprisoned 
not more than ten years; and shall, moreover, be thereafter 
ineligible to any office, or place of honor, profit, or trust 
created by the constitution or laws of the United States. 

Sec. 5509. If, in the act of violating any provision in 
either of the two preceding sections, any other felony or 
misdemeanor be committed, the offender shall be punished 
for the same with such punishment as is attached to such 
felony or misdemeanor by the laws of the state in which the 
offense is committed. 

Sec. 5510. Every person who, under color of any law, 
statute, ordinance, regulation, or custom, subjects or causes 
to be subjected, any inhabitant of any state or territory to 
the deprivation of any rights, privileges, or immunities, 
secured or protected by the constitution and laws of the 
United States, or to different punishments, pains, or penal¬ 
ties, on account of such inhabitant being an alien, or by 
reason of his color or race, than are prescribed for the pun¬ 
ishment of citizens, shall be punished by a fine of not more 
than one thousand dollars, or by imprisonment not more 
than one year, or by both. 

Sec. 5516. Every person who wilfully obstructs, hin¬ 
ders or prevents any officer or other person charged with 
the execution of any warrant or process issued under the pro¬ 
visions of sections nineteen hundred and eighty-four and 
nineteen hundred and eighty-five, title ‘‘Civil Rights,” or 
any person lawfully assisting him, from arresting any per¬ 
son for whose apprehension such warrant or process ma}^ 
have been issued; or rescues or attempts to rescue such per¬ 
son from the custody of the officer or other person lawfully 
assisting when so arrested, pursuant to the authority herein 
given ; or aids, abets, or assists any person so arrested, direct¬ 
ly or indirectly, to escape from the custody of the officer or 
other person legally authorized to arrest the party; or har¬ 
bors or conceals any person for whose arrest a warrant or 
process has been issued, so as to prevent his discovery and 
arrest, after notice or knowledge of the fact that a warrant 
has been issued for the apprehension of such person, shall, 
for any of such offenses, be subject to a fine of not more than 
one thousand dollars, or imprisonment npt more than six 
months, or both. 

Sec. 5517. Every marshal and deputy marshal who 
refuses to receive any warrant or other process when ten¬ 
dered to him, issued in pursuance of the provisions of section 
nineteen hundred and eighty-five, title “Civil Rights,” or 
refuses or neglects to use all proper means diligently to 
execute the same, shall be liable to a fine in the sum of one 
thousand dollars, for the benefit of the party aggrieved 
thereby. 


other crimes 
committed in 
violating pre¬ 
ceding sec¬ 
tions. 


Depriving 
citizens of 
civil rights 
under color of 
state laws. 


Obstructing 
execution of 
process in 
civil rights 
cases. 


Marshal re¬ 
fusing to re¬ 
ceive or ex¬ 
ecute process. 


12 


ELECTIOIT LAWS OF THE UNITED STATES. 


55^^* more persons in any state or ter- 

cepUng or ritory conspire to prevent, by force, intimidation, or threat, 
under United any person from accepting or holding any office, trust, or 
c.tn place of confidence under the United States, or from dis¬ 
charging any duties thereof; or to induce by like means any 
officer of the United States to leave any state, district, or 
place where his duties as an officer are required to be per¬ 
formed, or to injure him in his person or property on account 
of his lawful discharge of the duties of his office, or while 
engaged in the lawful discharge thereof, or to injure his 
property, so as to molest, interrupt, hinder, or impede him in 
the discharge of his official duties; each of such persons shall 
be punished by a fine of not less than five hundred nor more 
than five thousand dollars, or by imprisonment, with or with¬ 
out hard labor, not less than six months nor more than six 
years, or by both such fine and imprisonment. 

Sec. 5519. If two or more persons in any state or ter¬ 
ritory conspire, or go in disguise on the highway or on the 
premises of another, for the purpose of depriving, either 
directly or indirectly, any person or class of persons of the 
equal protection of the laws, or of equal privileges and im¬ 
munities under the laws; or for the purpose of preventing or 
hindering the constituted authorities of any state or territory 
from giving or securing to all persons within such state or 
territorv the equal protection of the laws; each of such per¬ 
sons shall be punished by a fine of not less than five hundred 
nor more than five thousand dollars, or by imprisonment, 
with or without hard labor, not less than six months nor 
more than six years, or by both such fine and imprisonment. 

Sec. 5528. Every officer of the army or navy, or other 
person in the civil, military or naval service of the United 
States, who orders, brings, keeps, or has under his authority 
or control, any troops or armed men at any place where a 
general or special election is held in any state, unless such 
force be necessary to repel armed enemies of the United 
States, or to keep the peace at the polls, shall be fined not 
more than five thousand dollars, and suffer imprisonment 
at hard labor not less than three months*nor more than 
five years. 

Sec. 5529. Every officer or other person in the mili¬ 
tary or naval service, who, by force, threat, intimidation, 
order, advice, or otherwise, prevents, or attempts to prevent, 
any qualified voter of any state from freely exercising the 
right of suffrage at any general or special election in such 
state, shall be fined not more than five thousand dollars, 
and imprisoned at hard labor not more than five years. 

Sec. 5530* Every officer of the army or navy who pre¬ 
scribes or fixes, or attempts to prescribe or fix, whether by 
proclamation, order, or otherwise, the qualifications of voters 
at any election in any state, shall be punished as provided 
in the preceding section. 


Intimidation 
of voters by 
officers, etc., of 
army or navy. 


Officers of 
army or navy 
prescribing 
qualifications 
of voters. 


Unlawful 
presence of 
troops at elec¬ 
tions. 


Conspiracy to 
deprive any 
person of the 
equal protec¬ 
tion of the 
laws. 


ELECTION LAWS OF THE UNITED STATES. 


13 


Sec. 5531. Every officer or other person in the mili¬ 
tary or naval service, who, by force, threat, intimidation, 
order, or otherwise compels, or attempts to compel, any 
officer holding an election in any state to receive a vote 
from a person not legally qualified to vote, or who imposes 
or attempts to impose, any regulations for conducting any 
general or special election in a state different from those 
prescribed by law, or who interferes in any manner with any 
officer of an election in the discharge of his duty, shall be 
punished as provided in section fifty-five hundred and twen¬ 
ty-nine. 

Sec. 5532. Every person convicted of any of the 
offenses specified in the five preceding sections shall, in 
addition to the punishments therein severally prescribed, be 
disqualified from holding any office of honor, profit or trust 
under the United States; but nothing in those sections shall 
be construed to prevent any officer, soldier, sailor, or marine 
from exercising the right of suffrage in any election district 
to which he may belong, if otherwise 'qualified according 
to the laws of the state in which he offers to vote. 


Interference 
of same with 
officer of elec¬ 
tion, etc. 


Disqualifica¬ 
tion for hold 
ing office. 




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4 





PROVISIONS^OF^THE 

Constitution of the State of Ohio 

RELATING TO ELECTIONS. 


ARTICLE V. 

ELECTIVE FRANCHISE. 

Sec. I. Every white male citizen of the United States, 
of the age of twenty-one years, who shall have been a resi¬ 
dent of the state one year next preceding the election, and 
of the county, township, or ward, in which he resides, such 
time as may be provided by law, shall have the qualifications 
of an elector, and be entitled to vote at all elections. 

Sec. 2. All elections shall be by ballot. 

Sec. 3. Electors during their attendance at elections, 
and in going to, and returning therefrom, shall be privi¬ 
leged from arrest in all cases, except treason, felony, and 
breach of the peace. 

Sec. 4. The general assembly shall have power to ex¬ 
clude from the privilege of voting, or of being eligible to 
office, any person convicted of bribery, perjury, or other 
infamous crimes. 

Sec.. 5. No person in the military, naval, or marine 
service of the United States, shall, by being stationed in 
any garrison, or military, or naval station, within the state, 
be considered a resident of this state. 

Sec. 6. No idiot, or insane person, shall be entitled to 
the privileges of an elector. 


Who may 
vote. 


By ballot. 


Voters, when 
priviledged 
from arrest. 


Forfeiture of 
elective fran¬ 
chise. 


Persons not 
not considered 
residents of 
the state. 


Idiots or in¬ 
sane persons. 



OHIO ELECTION LAWS 


ORIGINAL SURVEYED TOWNSHIPS. 


When original Sec. 1366. As soon as there are four, or more, electors 
b?^orgSiize?^ oi’ig’inal Surveyed township of five oir six miles 

an^^incorpo- square, or fractional township, wherein there is either the re- 
® ’ served section twenty-nine or sixteen, or where said section 

sixteen has been disposed of by congress and any other sec¬ 
tion granted in lieu thereof, whether such other section be 
situate within or without said original township, and in all 
other fractional townships which by law are entitled to a 
section or a part of a section for school purposes, the said 
electors, or any of them, may apply to the county commis¬ 
sioners for the organization and incorporation of such orig¬ 
inal township or fractional township. [73 v. 186, § .1.] 


^omnS5sion-^° Sec. 1367. On the application of any of said electors, 
orde/'^hereon! being made to appear to the satisfaction of the county 

andtinotice of commissioners, that there are at least four electors in any 
eec on. original township or fractional township, the commis¬ 

sioners shall order an election of three trustees and one 
treasurer therein, and give at least fifteen days’ written no¬ 
tice of such election, by setting up in three of the most pub¬ 
lic places in the township such notices, designating the time 
and place of such election, and the place shall be as near the 
center of such township as practicable. [29 v. 490, § 2.] 


Conduct of 
elections in. 


Powers of 
trustees. 


Sec. 1368. Elections in such original surveyed town¬ 
ships, shall be held at such times and conducted in such 
manner as the trustees of such townships may provide, the, 
place of holding said election to be as near the center of the 
township as can be, and at least fifteen days’ notice of such 
election to be given by notices posted in five or more of the 
public places of the original surveyed township, and the trus¬ 
tees of such township shall be a body corporate, with power 
to contract and be contracted with, sue and be sued, and to 
take charge of such section or sections, or parts of section or 
sections, and to manage the same according to the best 
interests thereof. [97 v. 186.] 



OHIO ELECTION LAWS. 


17 


Sec. 1369. The trustees and treasurer shall hold their 
offices for three years, and a like election shall be held every 
third year, of which the trustees shall give fifteen days’ 
previous notice as aforesaid. If said trustees shall at any 
time fail to give said fifteen days’ notice, then the county 
auditor shall appoint from among the electors of such town¬ 
ship three trustees and one treasurer, who shall hold their 
offices for the same term and perform the same duties and 
have the same powers as if elected as aforesaid. [97 v. 
186.] 

Sec. 1371. When it comes to the knowledge of the 
county auditor that the electors of any such township Ijave 
failed to apply to the commissioners as aforesaid, for one 
year after such application is authorized, or that in any such 
township the trustees and treasurer elected have failed to 
qualify or to perform the duties incumbent upon them, the 
auditor shall appoint from among the electors of such town¬ 
ship three trustees and one treasurer, who shall hold their 
offices for the same term and perform the same duties, and 
have the same powers as if elected as aforesaid. And in case 
the term of office of such trustees and treasurer have ex¬ 
pired, and no successors have been elected or appointed, as 
by this chapter provided, an election may be ordered, as 
provided in section thirteen hundred and sixty-seven. In 
case such application is made, the commissioners of the 
county in which said reserved section, or part thereof, is 
substituted, shall order an election, designating the time and 
place of holding the same. Said election shall be held at such 
times and conducted in such manner as said commissioners 
may provide. [97 v. 186.] 

Sec. 1418. Section sixteen, and all lands in lieu there¬ 
of, granted for school purposes, may be sold, and such sales 
shall be according to the regulations hereinafter prescribed. 
[70 V. 195, § 133.] 

Sec. 1419. In cases where there has been no vote 
taken for the sale of any such land, the trustees of any town¬ 
ship to which such lands belong, shall, at least thirty days 
prior to the taking of such vote, cause not less than eight 
notices to be posted up in as many of the most public places 
of such township, notifying the voters resident therein to 
meet at some convenient place and time therein specified, 
and then and there cast their ballots for or against the sale 
of any such lands belonging to such township; and if such 
vote result in a refusal to sell such lands, the trustees may, 
in the same manner, authorize the taking of a subsequent 
vote as often as they deem proper; but no such subsequent 
vote shall be taken until one year has elapsed since the last 
preceding vote. [70 v. 195, § 134.] 

Sec. 1420. The trustees of the township shall preside 
at the taking of such ballots, and shall appoint two clerks, 
who shall keep two poll-books, containing the names of the 


Terms of 
office and sub¬ 
sequent elec¬ 
tion. 


When county 
auditor may 
appoint 
trustees or 
treasurer. 


When election 
may be held 
to fill vacancy. 


School lands 
may be sold. 


Proceedings 
when vote has 
not been 
taken. 


Trustees may 
authorize sub¬ 
sequent vote. 


Trustees of 
township shall 
preside at 
meeting. 


2— B. L. 


18 


OHIO ELECTION LAWS. 


Poll-book sliall 
be deposited 
with auditor. 


Election in 
new township. 


Township offi¬ 
cers and jus¬ 
tices of the 
peace; elec¬ 
tion and be¬ 
ginning of 
term. 


Place of hold¬ 
ing' elections. 


Town hall. 


voters and the result of the ballot, which poll-books must 
be signed by the trustees and clerks; and in case such bal¬ 
lots result in favor of a sale, the trustees shall, within ten 
days after such election, deposit one of said poll-books with 
the auditor of the county within which said lands (or the 
greater portion thereof) are situated, with a copy of the no¬ 
tice given, and the affidavit of one or more of the trustees, 
stating the manner of giving said notices, and the time and 
place of putting up the same, which notices, affidavit, and 
poll-book shall be by said auditor copied into a book for 
that purpose to be provided, and when so recorded, such 
record shall be proof of the facts therein stated. [70 v. 195, 
§ I35-] 

CIVIL TOWNSHIPS. 

Sec. 1441. When a new township is set otf, the county 
commissioners shall forthwith give public notice by adver¬ 
tisement, in three public places in such township, at least 
ten days before the time, of the time and place of holding an 
election for township officers, and the electors of such town¬ 
ship shall at such time and place assemble, and then and 
there elect township officers; and the officers so elected shall 
hold their offices until the next annual township election, 
and their successors are elected and qualified. [51 v. 489, 

§ 4.] 

Sec. 1442. Township officers and justices of the peace 
shall be elected on the first Tuesday after the first Monday 
of November, annually, in the manner provided by law. All 
township officers hereafter elected shall begin their respec¬ 
tive terms on the first Monday in January, after their elec¬ 
tion, and all township officers now holding office, including 
assessors in municipalities who are serving as such by ap¬ 
pointment, and those hereafter elected shall hold their offices 
until their successors are elected and qualified. [97 v. 62.] 

Sec. 1443. The trustees shall fix the place of holding 
elections within their township, or of any election precinct 
thereof, and they may purchase or lease for this purpose a 
house and suitable grounds, or by permanent lease or other¬ 
wise, a site, and erect thereon a house; and upon a vote of a 
majority of the electors of the township or a precinct thereof 
voting at any general election in favor of a tax therefor, at 
least thirty days’ notice having been given by posting up 
such written notices in at least five of the most public places 
in such township or precinct that at such election a vote 
would be taken for or against a tax to purchase a site and 
build a town hall, the trustees may purchase a site and erect 
thereon a town hall for such township or precinct, the whole 
not to cost over two thousand dollars, and levy a tax on all 
the taxable property within such township or precinct to 
pay the same. [90 v. 257.] 


OHIO ELECTION LAWS. 


19 


Sec. 1444. The trustees at every election, or townshi' 
meeting, have power to cause any disorderly person to be 
removed, and, if necessary, confined until the close of such 
election, or meeting; and every constable present shall obey 
their orders and directions, for the purpose of preserving 
order at such meeting. [51 v. 489, § 24.] 

Sec. 1445. At least twenty days before the annual elec¬ 
tion, the trustees shall issue their warrant to a constable of 
the township, directing him to notify the electors of such 
township to assemble at the time and place appointed for 
the annual election, and said warrant shall enumerate the 
officers to be chosen at such election; and, on application 
of two or more freeholders of the township, for that pur¬ 
pose, the trustees shall insert in said warrant such other busi¬ 
ness, matter or thing, as may be proposed to be submitted 
at said township election. [97 v. 187.] 

Sec. 1446. The constable who receives such warrant 
shall notify the electors of the township, by setting up copies 
of such warrant in at least three public places in such town¬ 
ship, at least ten days before thg meeting of the electors; but 
where the office of one or more of the trustees is vacant, the 
township clerk, together with the trustee or trustees in 
office, shall issue the warrant aforesaid. [51 v. 489, § 17.] 

Sec. 1392. In all townships which have been divided, 
the trustees shall give fifteen days’ notice of the time and 
place of holding elections in the precincts of such town¬ 
ships, by posting up written or printed notices in such num¬ 
ber of places as to them seem proper, for the general in¬ 
formation of the electors of the several precincts. [51 v. 497, 
S. & C. 1573.] 

Sec. 1448. There shall be elected in each township one 
township clerk, one trustee, one township treasurer and such 
number of constables as may be directed by the trustees, and 
one supervisor of roads by the electors of each road district, 
and one assessor for the township, or if the township is 
divided into two or more election precincts, then for each 
precinct in which such election is held; and the judges and 
clerks in discharging their duties in said election shall be 
governed in all respects by the law regulating elections, but 
it shall not be necessary to send a poll-book to the clerk of 
the court of common pleas of the proper county; and in case 
any two or more persons have the highest and an equal 
number of votes for any one of the township offices directed 
to be filled, the clerk and judges of the election shall deter¬ 
mine by lot which of the persons is duly elected; and the 
officers so elected shall hold their respective offices for the 
following terms, and until their successors are elected and 
qualified: Supervisors of roads and assessors, one year; 
township clerk and treasurer, two years; and constables, 


Shall preserve 
order at elec¬ 
tions. 


Notice of 
township elec¬ 
tion. 


How notice 
served. 


Notice of 
holding elec¬ 
tions. 


Election of 

township 

officers. 


Assessors. 


Laws gov¬ 
erning judges 
and clerks. 


Tie vote. 


Terms of 
office. 


20 


OHIO ELECTION LAWS. 


Trustees of 
new town¬ 
ship. 


Tie vote. 


Treasurer and 
clerk. 


Where and 
how town¬ 
ship elections 
to be held. 


Who may be 
supervisor 
and how elec¬ 
ted. 


Common pleas 
court shall fix 
number for 
new town¬ 
ships. 


three years; and trustees, three years; provided, that at the 
first annual election of any new township there shall be 
elected three trustees, the one receiving the highest number 
of votes to serve three years; the one receiving the next 
highest number of votes to serve two years, and the one re¬ 
ceiving the next highest number of votes to serve one year; 
should any two or more of those elected receive the same 
number of votes, they, at the first meeting of the board after 
their election, shall determine by lot the term for which 
each of them receiving an equal number of votes shall re¬ 
spectively hold the office; and provided, further, that at the 
next annual election after the passage of this act, and at the 
first election of any new township, a treasurer shall be 
elected for one year and a clerk for two years, and thereafter 
a township treasurer and clerk shall not be elected at the 
same annual election. [97 v. 187.] 

Sec. 2996. Elections for township officers shall be 
held in the same precincts, and by the same judges of elec¬ 
tion, as provided in this title for the election of state and 
county officers; and returns of township elections shall be 
made by the judges thereof in the several election precincts, 
to the proper township clerks, within one day after the elec¬ 
tion. [69 V. 202, § I.] 

SUPERVISORS OF ROADS. 

Sec. 1456. Every supervisor of roads shall be a resi¬ 
dent of the district for which he is elected; and no elector 
shall vote for more than one supervisor of roads, or for any 
person for that office who is not an actual resident of the 
district in which said elector resides, and if a ballot con¬ 
tains more than one name for the office of supervisor, or if 
it appears to the satisfaction of the judges of jelection that 
an elector has voted for any person for that office other than 
for the district in which such elector resides, such vote, as 
to that office, shall be deemed void; and if, on counting the 
votes, it appears that there were more votes given for super¬ 
visor of a district than there were resident electors of such 
district voting at such election, the judges shall declare the 
election, as to that district, void; and the vacancy sh^ll be 
filled by the trustees, as in other cases of vacancy. [51 v. 
489, § 14; 58 V. 123, § I; 65 V. 14, § 2.] 

JUSTICES OF THE PEACE. 

Sec. 566. When a new township is set off, the court 
of common pleas of the proper county shall determine on 
a suitable number of justices of the peace for such township, 
and the day of election, and the clerk of the court shall trans¬ 
mit a copy of the proceedings thereof to the trustees of the 
same, who shall immediately give notice to the electors, in 
the manner pointed out in section five hundred and sixty- 


OHIO ELECTION LAWS. 


21 


seven,to elect the justices so determined on;and should there 
be no trustees of the township,, the clerk shall give notice of 
such election by causing advertisements to be set up in three 
public places in the township, not less than ten nor more 
than fifteen days previous to the election designating the 
time and place of holding such election. [51 v. 406, § i.] 

Sec. 567. When a vacancy occurs in the office of justice 
of the peace in any township in the state, either by death, 
rernoval, absence at any one time for the space of six months, 
resignation, refusal to serve, or otherwise, the trustees, hav¬ 
ing notice thereof, shall, within ten days from and after such 
notice, fill any such vacancy by appointing a suitable and 
qualified resident of the township who shall serve as justice 
until the next regular election for justice of the peace and 
until his successor is elected and qualified; and a majority 
vote of the trustees shall be sufficient to appoint. At the 
next regular election, some suitable person shall be elected 
justice in the manner provided by law, for the term of three 
years; and the clerk of the court of common pleas, in certi¬ 
fying to the secretary of state the appointment of a justice 
of the peace to fill any vacanpy, as aforesaid, shall specify 
in his certificate, the name of the justice of the peace 
whose place is supplied by the person whose appointment is 
certified to, and also the date when such vacancy occurred; 
and to enable the clerk of the court to comply with so much 
of this section as relates to his duties, the trustees shall notify 
him of any vacancy, as aforesaid, and the date when it 
occurred; and in case the election of an additional justice 
of the peace in any township is authorized by the proper 
authority, the clerk of the court, in certifying his election to 
the secretary of state, shall state in his certificate that he is 
such additional justice of the peace, so authorized and 
elected. [97 v. 38.] 

i 

Sec. 581. Every justice of the peace, when commis¬ 
sioned, shall, in thirty days thereafter, transmit the date 
thereof, to the clerk of the township, who shall make an entry 
thereof in a book by him to be provided for that purpose, and 
before the first day of September of each year, the clerk shall 
give a written notice to the trustees of all commissions expir¬ 
ing within twelve months after the first day of November 
following, or which may have expired theretofore, and the 
date when each such justice’s commission expired, or will ex¬ 
pire, and the trustees, on receiving such notice, shall notify 
the electors of such township to elect at the next regular No¬ 
vember election thereafter, a justice of the peace to fill each 
vacancy in the manner pointed out in section five hundred 
and sixty-seven (567). [97 v. 38.] 

Sec. 1476. The trustees of any township, on the pe¬ 
tition of twenty electors thereof, shall upon four weeks’ 
public notice, published in some paper of general circula¬ 
tion in the county, submit to the electors of such township. 


Vacancies to 
be filled 
by trustees. 


Election. 


Notice to 
county clerk 
by trustees. 


Record of date 
of com¬ 
missions. 


Notice of 
election. 


Question of 
township 
library shall 
be submitted 
to electors. 


22 


OHIO ELECTION LAWS. 


Hearse and 
vault may be 
provided if 
electors vote 
for same. 


Election 

therefor. 


Petition to 
township 
trustees for 
incorporation. 


at some general election in November, the question whether 
there shall be a public library established in such township 
for the use and benefit of the citizens thereof, and those 
voting at such election in favor of such library, shall put 
upon their ballots the words “Public library—yes,” and those 
voting thereat against such library, the words, “Public 
library—no;” and if a majority of the electors voting at 
such election vote in favor thereof, the trustees aforesaid 
have authority, annually, to levy upon all the taxable property 
of such township a tax not exceeding one mill on the dollar 
valuation thereof, to be applied to the establishment and 
maintenance of a library, as aforesaid, and the procuring 
of a suitable room or rooms for the same. [97 v. 189.] 

Sec. 1485. The trustees of any township are author¬ 
ized to levy a tax in such amount, as shall be by them 
determined, to purchase a hearse and build a vault, or for 
either of said purposes, for the use of.said township to be 
under the control of the trustees thereof, or some person ap¬ 
pointed by them; but the question of levying such tax, for 
either or both of said purposes, and the amount asked there¬ 
for shall be separately submitted to the qualified electors of 
the township at some general election, twenty days’ notice 
thereof having been previously given by posting, in at least 
three public places in said township; the notice shall state 
specifically the amount to be raised, and for what purpose, 
either for purchase of hearse, or erection of vault, and if a 
majority of all the votes cast at such election are in favor of 
either, or both of said propositions, the same shall be con¬ 
sidered adopted, and the tax herein provided for authorized. 
[75 V. 46 , § I.] 

Sec. i486. The electors voting at said election shall 
have placed on their ballots the words, “Tax for hearse— 
Yes ” or “Tax for hearse—No,” and upon the same ballot, 
“Tax for vault—Yes ” or “Tax for vault—No,” and may 
vote for one proposition and against the other, or for or 
against both. [75 v. 46, § 2.] 

INCORPORATION OF VILLAGES AND HAMLETS. 

Sec. I 56 i<: 7 . When the inhabitants of any territory or 
portion thereof desire that such territory shall be incorpor¬ 
ated into a village or hamlet they shall make application 
to the trustees of the township [in which] the territory is 
located, or if the territory is located in more than one town¬ 
ship, to the trustees of the township in which the majority 
of the said inhabitants reside, by petition, signed by at least 
30 electors thereof, a majority of whom shall be freeholders. 
Said petition shall be accompanied by an accurate map of 
the territory, and shall contain in addition to the matter set 
forth in section 1555 of the Revised Statutes of Ohio, the 
request of the petitioners that an election be held to obtain 
the sense of the electors upon such incorporation and such 


OHIO ELECTION LAWS. 


23 


petition may be presented at a regular or special meeting 
of the township trustees. [94 v. 18.] 

Sec. 15616. When the township trustees receive the trustees^upwi 
petition, together with the proof that the persons who signed tufon^^ 
it are electors, and reside within the limits of the proposed 
incorporation, and that a majority of them are freeholders, 
they shall then make and declare that such territory shall, 
with the assent of the qualified voters thereof as hereinafter 
provided, be an incorporated village or hamlet by the name 
specified in the petition aforesaid, and they shall also include 
in such order, a notice for the election by the qualified 
voters, residents in said territory, at a convenient place 
therein to be by them named, on some day within fifteen 
days thereafter, to determine whether such territory shall 
be incorporated, and said township trustees shall give ten 
days’ notice of such election by publication in a newspaper 
of general circulation in such territory, and cause written 
or printed notices thereof, to be posted in three or more 
public places in said territory proposed to be incorporated. 

[92 V. 333.] 


Sec. 1561c. The township trustees shall be judges of uiorJ^qSestion 
the election, and the township clerk shall be clerk thereof, and procedure 
and the election shall, as far as practicable, be conducted in 
the manner prescribed for the election of township officers, 
and the ballot shall contain the words “For incorporation” 
and “Against incorporation,” and if a majority of the ballots 
cast at such election shall contain thereon the words 
“Against incorporation,” the voters of such territory shall 
be deemed not to have assented to the incorporation thereof, 
and no further proceedings shall be had in relation thereto, 
but this shall not be a bar to other proceedings for the 
same purpose; but if a majority of the ballots cast shall 
have thereon the words “For incorporation,” the township 
trustees shall cause to be entered on their journal, a minute 
of all their proceedings, the number of votes cast at the 
election, the number of votes cast for incorporation, and the 
number cast against incorporation, and they shall then de¬ 
clare that said territory shall from that time be deemed 
an incorporated village or hamlet, and shall make an order 
declaring that such village or hamlet has been incorporated 
by the name adopted, and the trustees shall make a certified 
transcript of the journal entries of all their proceedings, to¬ 
gether with their original petition and plat, and a majority 
of them having signed it, they shall deliver the same to the 
county recorder, who shall forthwith make a record of the 
petition, transcript and plat or map, in the public book of 
records, and preserve in his office the original papers de¬ 
livered to him by the trustees, and certify thereon that the 
transcribed petition and map are properly recorded. When 
the recorder has so made said record, he shall certify and 
forward to the secretary of state, a transcript of the same. 


24 


OHIO ELECTION LAWS. 


Injunction; 
petition for 
error. 


Election of 
officers. 


Incorporation 
of territory 
surrounding 
summer re¬ 
sorts. etc. 


The corporation shall then be a village or hamlet, as the case 
may be, under the name adopted in the petition, with all 
powers and authorities, and be recognized as such, the 
same as if such incorporation had been organized under 
chapter 2, division 2, title 12 of the Revised Statutes of 
Ohio, but no injunction shall be brought, as provided in 
section 1562 of the Revised Statutes of Ohio unless the same 
be instituted within ten days from the filing of the papers 
with the county recorder; provided, however, that the right 
of petition to the court of common pleas for error, shall exist 
as is provided for in the following sections of this chapter. 
[92 V. 334.] 

NEWLY CREATED HAMLET OR VILLAGE. 

Sec. 1565. The first election of officers for such cor¬ 
poration shall be at the first annual municipal election after 
its creation, and the place of holding the election shall be 
fixed by the agent of the petitioners, and notice thereof, 
printed or plainly written, shall be posted by him at three or 
more public places within the limits of the corporation, at 
least ten days before the election; which election shall be 
conducted, and the officers chosen and qualified, in the 
manner prescribed for the election of township officers; 
provided, that such first election may be a special election 
held at any time not exceeding six months after the incor¬ 
poration, and the time and place of holding such special 
election shall be fixed by the agent aforesaid, and notice 
thereof shall be given as is required in this section for the 
annual municipal election. [73 v. 157, § 24.] 

Sec. 1566a. That any territory requiring police pro¬ 
tection and containing a population of not less than fifty 
persons and immediately surrounding a summer resort, park, 
lake or picnic ground, kept regularly for such outing and 
pleasure, may incorporate by setting up notices of an election 
in three of the most public places in the territory proposed 
to be included in the incorporation signed by five citizens and 
electors of the territory. Said notices to be posted at least 
ten days before the election, stating time and place where 
such election shall be held, and shall contain an accurate 
description of the territory proposed to be taken into the 
incorporation. The election shall, as far as practicable, be 
conducted in the manner prescribed for the election of town¬ 
ship officers. The electors present shall choose three judges 
and two clerks from the electors present to act as judges and 
clerks of said election, and the ballot shall contain the words: 
“For incorporation” and “Against incorporation.” If the 
majority of the ballots cast at such election shall contain 
the words “For incorporation,” it shall be deemed that the 
citizens of the designated territory have assented to such 
incorporation. And, if the majority of the ballots cast at 
such election shall contain the words “Against incorpora- 


OHIO ELECTION LAWS. 


25 


tion/’ it shall be deemed that the people of said designated 
territory shall not have assented to the incorporation thereof. 
Such laws governing the creation and regulation of incor¬ 
porated villages in force and such as may be hereinafter 
enacted shall have full force and effect in so far as are not 
inconsistent and do not conflict with the provisions of this 
act. [95 V. 469.] 

SURRENDER OF CORPORATE POWERS. 

Section 4. Villages may surrender their corporate 
powers upon petition to council of at least forty per cent, 
of the electors thereof, to be determined by the number 
voting at the last municipal election, and an affirmative 
vote of a majority of said electors at a special election 
which shall be provided for by council, and conducted 
and canvassed, and the result certified and made known as 
regular municipal elections within the corporation. If the 
result of the election is in favor of such surrender, the clerk 
of the village shall certify the same to the secretary of state 
and the recorder of the county, who shall record the same in 
their respective offices, and thereupon the corporate powers 
of such village shall cease; provided that such surrender 
of corporate powers shall not affect vested rights or accrued 
liabilities of such village, or the power to settle claims, 
dispose of property, or levy and collect taxes to pay exist¬ 
ing obligations; but after the presentation of the petition 
herein referred to, council shall not create any new lia¬ 
bility until the result of the election is declared, nor 
thereafter^ if such result is in favor of the surrender of 
corporate powers; provided, further, that due and unpaid 
taxes may thereafter be collected, and all moneys or prop¬ 
erty remaining after such surrender shall belong to the 
school district embracing such village. 

All courts shall take judicial notice of the classifica¬ 
tion of municipal corporations, and their advancement, 
reduction and surrender of powers. [96 v. 21.] 

ANNEXATION OF ONE MUNICIPAL CORPORA- ' 
TION TO ANOTHER. 

Sec. 1606. When the inhabitants, generally, of any 
municipal corporation, the territory of which shall be con¬ 
tiguous, and adjoining the territory of another municipal 
corporation, desire to be annexed to such other corporation, 
such annexation shall be effected in the manner hereinafter 
described. [66 v. 267, § 697.] 

Sec. 1607. The trustees or council of the corporation 
proposing such annexation shall submit the question of 
annexation to the electors of the corporation, and the trus¬ 
tees or council of the corporation to which the annexation 
is proposed to be made, shall also submit the same question 
to its electors. [66 v. 267, § 698.] 


Laws to 
govern. 


Villages may 
surrender 
their cor¬ 
porate powers; 
procedure. 


Annexation of 
one municipal¬ 
ity to another. 


Submission of 
question to 
vote. 


26 


OHIO ELECTION LAWS. 


Ordinance for i6o8. The submission shall be by ordinances 

adopted by the trustees or council of each corporation at 
least thirty days prior to an annual election, at which elec¬ 
tion the vote shall be taken, and the ordinances shall each 
prescribe the manner in which such submission shall be 
made, and they shall be published in each corporation, by 
posters or otherwise, in such manner as the respective 
trustees or councils may deem most expedient, for the period 
of at least twenty days prior to the day fixed for such 
election. [97 v. 190.] 


Sec. 1609. If a majority of the electors of each cor¬ 
poration, voting on the question so submitted, is in favor of 
such annexation, the trustees or council of each shall there¬ 
upon cause the result to be certified to the other corporation. 
[66 V. 268, § 700.] 


Result, if 
favorable, to 
be certified. 


ELECTION OF MUNICIPAL OFFICERS. 


Municipal offi¬ 
cers; election 
and beginning 
of term. 


Sec. 222. The first election under this act shall be held 
on the first Monday in April, 1903, and all elective officers 
provided for in this act, shall be elected at that time, and the 
terms of all existing elective officers of municipalities except 
as otherwise provided in this act, shall cease and determine 
on the first Monday in May, 1903, and their offices shall be 
abolished upon the qualification of the officers provided for 
in this act, and every year thereafter, beginning with the 
year 1904, on the first Tuesday after the first Monday in 
November, an election shall be held in each municipal cor¬ 
poration, and such election shall be the regular municipal 
election, shall be held,, canvassed, and the result- certified, in 
the manner provided by law, with respect to municipal elec¬ 
tions. The officers chosen at the first election held on the 
first Monday in April, 1903 shall begin their respective 
terms on the first Monday of May succeeding their elec¬ 
tion. The officers elected at each subsequent election, begin¬ 
ning with the year 1904, shall commence their respective 
terms on the first Monday of January after their election. 
The election of the successors of all elective municipal officers 
whose terms now expire on the first Monday of May, shall 
be held on the first Tuesday after the first Monday of Nov¬ 
ember next following the expiration of such terms, and all 
elective municipal officers whose terms would otherwise ex¬ 
pire on the first Monday of May previous to the election of 
their successors, shall hold their offices until their successors 
are elected and qualified. All successors to judges and 
clerks of police courts and assessors shall likewise be elected 
on the first Tuesday after the first Monday in November and 
their terms, respectively, shall begin on the first Monday of 
January after their election. [97 v. 39.] 


OHIO ELECTION LAWS. 


27 


Sec. 1718. In municipal corporations divided into 
wards, an assessor shall be elected in each ward at every 
annual election. He shall take the same oath, give the 
same bond and perform the same duties as are provided 
witli respect to township assessors. Provided, that in any 
township, composed in part of a municipal corporation or 
municipal corporations, the county commissioners may, by 
order entered on their journal, constitute the territory out¬ 
side such municipal corporation or corporations one or more 
assessor districts, in each of which an assessor shall be 
elected-annually, in accordance with law. Provided, also, 
that nothing herein shall interfere with the duties now de¬ 
volving upon deputy state supervisors of elections. [91 v. 
76.] 


Sec. 1725. The council of every municipal corpora¬ 
tion shall designate the place or places for holding the regu¬ 
lar elections; and in all corporations divided into wards, 
there shall be a place or places in each ward designated for 
holding elections. [67 v. 70, § 72.] 

Sec. 1726. The mayor, previous to any election for a 
municipal officer or officers, shall issue a proclamation to 
the electors of the corporation, or of the respective wards 
or districts, as the case may require, setting forth ‘ the time 
and places of election, and the officers to be chosen, and 
cause such proclamation tO' be published in some news¬ 
paper printed in the corporation, at least ten days previous 
to the election, or, if no such newspaper is published in the 
corporation, such notice may be given by posters. [66 v. 

161, § 73 -] 

Sec. 1727. A person who, at the time of an election 
for municipal officers, is an elector for county officers, and 
resides in the ward, or corporation, if there be no wards, in 
which he offers to vote, is a qualified elector; and the elec¬ 
tions shall be held and conducted, in all respects, in the man¬ 
ner prescribed by law in case of township elections. [66 v. 

162, § 74.] 

Sec. 1728. Returns of municipal elections in corpora¬ 
tions which are divided into election districts or wards, 
shall be made to the clerk or auditor of the corporation, and 
be opened by him within the time prescribed for the open¬ 
ing of the returns of county elections. [97 v. 190.] 

Sec. 1729. The clerk or auditor, or in his absence or 
disability, some person to be selected by the council, shall 
call tO' his assistance the mayor, and in his presence, make 
an abstract and ascertain the candidates elected, as re¬ 
quired by law with respect to county officers; and he shall, 
in like manner, make a certificate as to each candidate so 
elected, and cause the same to be delivered to him, or left at 


Hlection, oath, 
bond and du¬ 
ties of asses- 
ors. 


Assessor dis¬ 
tricts in cer¬ 
tain town¬ 
ships. 


Duties of dep¬ 
uty super¬ 
visors. 


Designation of 
election. 


Mayor’s elec¬ 
tion pro¬ 
clamation. 


Who are elec- 
ors. 


Election re¬ 
turns; when 
opened. 


Abstract of 
votes. 


28 


OHIO ELECTION LAWS. 


Tie vote; de¬ 
cision by lot. 


Proclamation 
as to sale of 
liquors on 
election day. 


Townships 
and munici¬ 
palities may 
issue and sell 
bonds for pur¬ 
poses speci¬ 
fied in this 
act. 


his usual place of abode; provided, that if there is no mayor, 
or the mayor is absent or disabled, or a candidate at such 
election, the clerk shall call to his assistance a justice of the 
peace of the county. [97 v. 190.] 

Sec. 1731. If the result cannot be determined from 
the votes cast, for the reason that more than the number of 
persons to be elected have an equal number of votes for the 
same office, then the officers whose duty it is to ascertain 
the persons elected, shall determine by lot which of such 
persons shall be declared elected; and the election of any 
municipal officer, except a member of the council, may be 
contested in the manner provided by law for contesting the 
election of justices of the peace, except in cities of the first 
grade of the first class, such election may be contested only 
in the manner provided for contesting the election of county 
officers. [67 V. 70, § 78.] 

Sec. 1838. The mayor shall, three days previous to 
and on the day of any election, issue a prt)clamation to the 
public, setting forth therein the substance of the enactments 
to prohibit the sale of intoxicating liquors on that day; and 
it shall be the (^nty of the mayor to take proper measures for 
the enforcement of such enactments. [61 v. 24, § i.] 

TOWNSHIP AND MUNICIPAL BONDS. 

Sec. 2835. That the trustees of any township or ham¬ 
let, or the council, board of legislation or other legislative 
body or bodies of any city, village, or other municipal cor¬ 
poration of the state of Ohio, shall have the power to issue 
and sell bonds in such amounts and denominations, for such 
period of time and at such rate of interest, not exceeding six 
per cent., and in such manner as is provided by the law for 
the sale of bonds by such township, hamlet, city, village or 
other municipal corporation, for any of the purposes pro¬ 
vided for in this act, whenever such trustees, council, board 
of legislation or other legislative body or bodies by an 
affirmative vote of not less than two-thirds of the members 
elected or appointed thereto shall by resolution or ordinance 
deem the same necessary. 

1. For procuring the real estate and right of way for 
any improvement authorized by this section, or for pur¬ 
chasing real estate with a building or buildings thereon, 
to be used for public purposes. 

2. For extending, enlarging, improving, repairing or 
securing a more complete enjoyment of any building or im¬ 
provement authorized by this section, and for equipping and 
furnishing the same. 

3. For sanitary purposes and for erecting a crernatory 
or providing other means for disposing of garbage and 
refuse matter. 


OHIO ELECTION LAWS. 


29 


4. For improving highways leading into the town¬ 
ship or corporation, or for building or improving a turn¬ 
pike, or for purchasing one or more turnpike roads and 
making the same free. 

5. For constructing wharves and landings on navi¬ 
gable waters. 

6. For erecting infirmaries. 

7. For erecting workhouses, prisons and police sta¬ 
tions. 

8. For erecting houses of refuge and corrections. 

9. For erecting market houses and providing market 
places. 

10. For erecting public halls and public offices. 

11. For erecting or purchasing waterworks and sup¬ 
plying water to the township, hamlet or corporation and the 
inhabitants thereof. 

12. For erecting or purchasing gas works or electric 
light works, and for supplying light to the township, ham¬ 
let or corporation and the inhabitants thereof. 

13. For providing grounds for cemeteries, for enclos¬ 
ing and embellishing the same, and for erecting vaults. 

14. For constructing sewers, sewage disposal works, 
flushing tunnels, drains and ditches. 

15. For establishing free public libraries and reading 
rooms. 

16. For the establishment of free public baths. 

17. For erecting monuments to commemorate the ser¬ 
vices of soldiers, sailors and marines of the state and nation. 

18. For improving any watercourse or water front. 

19. For the payment of obligations arising from emer¬ 
gencies resulting from epidemics, or floods, or other forces 
of nature. 

20. For purchasing and condemning the necessary 
land for park and boulevard purposes and for improving 
the same as well as for improving or completing the im¬ 
provement of any existing boulevard, park, or parks. 

21. For erecting hospitals and pest houses and for re¬ 
building, repairing, or improving existing hospitals and pest 
houses. 

22. For resurfacing, repairing, or improving any ex¬ 
isting street or streets as well as other public highways. 

23. For opening, widening and extending any street 
or public highway. 

24. For purchasing or condemning any land necessar.V 
for street or highway purposes, and for improving the same 
or paying any portion of the cost of such improvement. 

25. For constructing levees and embankments or pav¬ 
ing or improving the same, and for improving any water- 


30 


OHIO ELECTION LAWS. 


Exception- 
may exceed 
said amount 
after 

submission of 
question to 
vote. 


Aggregate 
amount of 
bonded In¬ 
debtedness 
permitted to 
township or 
municipality 
at any time; 
exception. 


Tax shall be 
levied to pay 
bonds and in¬ 
terest. 


course passing through said township, hamlet or municipal 
corporation. 

26. For constructing oh repairing viaducts, bridges 
and culverts, and for purchasing or condemning the neces¬ 
sary land therefor. 

27. For erecting any building necessary for a fire de¬ 
partment, purchasing fire engines, fire boats, constructing 
water powers and fire cisterns, and paying the cost of plac¬ 
ing underground the wires or other signal apparatus of any 
fire department. 

The bonds herein authorized may be issued for any [or] 
of all purposes enumerated herein, but the total bonded in¬ 
debtedness hereafter created in any one fiscal year under 
the authority of this act by any township, hamlet or munici¬ 
pal corporation shall not exceed one (i) per cent, of the 
total value of all property in such township, hamlet, or 
municipal corporation, as listed and assessed for taxation, 
except as otherwise provided in this act. 

Whenever the trustees of any township, or hamlet, or 
the council, board of legislation, or other legislative body 
or bodies of any municipal corporation, shall by resolution 
or ordinance passed by an affirmative vote of not less than 
two-thirds of all the members elected or appointed thereto, 
deem it necessary in any one fiscal year to issue bonds for 
all or any of the purposes authorized in this act in any 
amount greater than one per cent, of the total value of all 
property in such township, hamlet, or municipal corporation 
as listed and assessed for taxation, then and in that event 
they shall submit the question of issuing any bonds in excess 
of said one per cent, to a vote of the qualified electors of 
such,township, hamlet or municipal corporation at a general 
or special election in the manner provided in section 2837, 
Revised Statutes. 

Provided, however, that the aggregate amount of all 
outstanding and unpaid bonds hereafter issued under the 
authority of this act shall never exceed four per cent, of the 
total value of all property in such township, hamlet or 
municipal corporation as listed and assessed for taxation, 
unless an excess of such amount is authorized by vote of the 
qualified electors in such township, hamlet or other munic¬ 
ipal corporation in a manner provided in section 2837, Re¬ 
vised Statutes. [97 V. 291.] 

Sec. 2836. For the payment of bonds issued under the 
authority of section 2835 of the Revised Statutes or issued 
after a submission of the question to the people under the 
provisions of section 2837 of the Revised Statutes, the trus¬ 
tees of any township, or hamlet, or the council, board of 
legislation or other legislative body or bodies of any munici¬ 
pal corporation, shall levy a tax in addition to all levies now 
authorized by law, every year during the period said bonds 
have to run sufficient to pay the interest on said bonds and 
to provide a sinking fund for their final redemption at 
maturity. [76 v. 158; 95 v. 321.] 


OHIO ELECTION LAWS. 


31 


Sec. 2837. Before any bonds in excess of the said one 
per cent, in any one year or in excess of the said four per 
cent, in the aggregate are issued or tax levied, as provided 
in sections 2835 and 2836, Revised Statutes, the question of 
^ issuing the same shall be submitted to the voters of the 
township, hamlet, or municipal corporation at a general 
or special election. And whenever the trustees of any town¬ 
ship or hamlet or the council of any municipal corporation 
shall by resolution or ordinance passed by an affirmative 
vote of not less than two-thirds of all the members elected 
or appointed thereto, declare it necessary to issue and sell 
the bonds of such township, hamlet or municipal corporation 
as the ca^e may be, for any or either of the purposes men¬ 
tioned in section 2835 of the Revised Statutes in ’excess 
of the amounts therein authorized, and shall by such reso¬ 
lution or ordinance fix a date upon which the question of 
issuing and selling such bonds shall be submitted to the 
electors of such township, hamlet or municipality, and shall 
cause a copy of such resolution or ordinance to be certi¬ 
fied to the deputy state supervisors of the county in which 
such township, hamlet, or municipal corporation is situ¬ 
ated, and such deputy state supervisors shall thereupon pro¬ 
ceed to prepare the ballots and make all other necessary ar¬ 
rangements for the submission of such question to the 
electors of any such township, hamlet or municipal corpora¬ 
tion at the time fixed in said resolution. Such election 
shall be held at the regular place or places of voting in such 
township, hamlet or municipality, and shall be conducted, 
canvassed and certified in the same manner, except as other¬ 
wise provided by law, as November elections in such town¬ 
ship, hamlet, or municipal corporation for the election of 
officers thereof; provided, however, that when a special elec¬ 
tion for such purposes is held in a municipal corporation 
divided into wards there may be but one voting place in each 
ward, which shall be designated by the deputy state super¬ 
visors of elections and the notice hereinafter provided for 
shall designate the voting place in each ward. In all cities 
in which registration is required if but one voting place is 
designated in each ward, certificates of removal shall nob 
be necessary except when transfers are required from one 
ward to another, and the deputy state supervisors of all 
such cities shall issue all such removal certificates. Thirty 
days notice of the submission shall be given in one or 
more papers printed therein once a week for four consecutive 
weeks, stating the amount of bonds to be issued, the purpose 
for which they are to be issued, and the time and place of 
holding the election; and if no newspaper is printed therein 
the notice shall be posted in a conspicuous place and pub¬ 
lished once a week for four consecutive weeks in some 
newspaper of general circulation in the township, hamlet 
or municipal corporation; and if two-thirds of the voters vot¬ 
ing at such election upon the question of issuing the bonds 
vote in favor thereof, then and not otherwise the bonds for 


Procedure 
when bond 
issue must be 
submitted to 
vote. 


32 


OHIO ELECTION LAWS. 


Cities author¬ 
ized to issue 
bonds for park 
purposes. 


Shall not be 
considerd as 
increasing ag¬ 
gregate city 
debt. 


Submission of 
question of 
bond issue to 
vote, etc. 


such excess shall be issued and the tax levied. Those who 
vote in favor of the proposition shall have written or printed 
on their ballots in quotation, “For the issue of bonds’^; and 
those who vote against the same shall have written or printed 
on their ballots the words, “Against the isssue of bonds.” 
Provided, however, that no township, hamlet, or municipal 
corporation shall hereafter create or assume an aggregate 
indebtedness of outstanding and unpaid bonds under the 
authority of this act in excess of eight per cent, of the total 
value of all property in such township, hamlet, or municipal 
corporation, as listed and assessed for taxation. Provided, 
further, that in cases where the trustees of any township 
or hamlet have, or the council of any city, village, or 
other municipal corporation, has heretofore passed a reso¬ 
lution or ordinance declaring it necessary to issue and sell 
bonds of such township, hamlet or municipal corporation, 
for any of the purposes authorized by law, the provisions of 
this act limiting the aggregate amount of bonds to be issued 
shall not be construed to apply to the bonds provided for 
in such resolution or ordinance. [97 v. 191.] 


AN ACT 

To authorize cities to Issue bonds for park purposes. 

Section i. That any city in the State of Ohio be and 
the same is hereby authorized to issue, in addition to any 
bonds heretofore authorized to be issued, the bonds of any 
such city in anv sum or sums, not exceeding in amount such 
a sum as hall be eight-tenths of one per centum of the total 
valuation for taxation of all taxable property within such 
municipal corporation, as the same shall appear upon the 
county duplicate for the year in which such bonds are issued, 
said bonds to be issued and sold in the manner prescribed bv 
law. The proceeds of anv bonds issued under authority of 
this act shall be exclusivelv used to acquire and improve the 
necessarv land for the establishment of a park in connection 
with public buildings in any city. 

Sec. 2. Bonds issued under authority of this act shall 
not be considered as increasing the aggregate debt of any 
such city, as contemplated in section 2704 of the Revised 
Statutes of Ohio. 

Sec. 3. Before any such bonds are issued such ques¬ 
tion shal be submitted to the voters of such city at a special 
or general election, such election to be designated by ordi¬ 
nance duly adopted by the council of such city, and which 
ordinance shall contain a description of the land and specify 
the purposes for which the proceeds of such bonds are to be 
expended, and if a majority of the voters voting at such elec¬ 
tion, upon the question of isssuing the bonds, vote in favor 
thereof, then and not otherwise, the bonds shall be issued 
and the taxes levied. [95 v. 438.] 


OHIO ELECTION LAWS. 


33 


AN ACT 


Authorizing the issuing of bonds of municipal corporations for 

enlarging, improving or extending natural gas works, and 

providing for submitting issuing the same to a vote of the 

people. 

Section i. That the council, board of legislation or 
other legislative body or bodies of any municipal corpora¬ 
tion of the state of Ohio shall have power to issue and sell 
bonds in such manner as is provided by law for the sale of 
bonds by municipal corporations, at a rate of interest not 
exceeding six per cent., whenever such council, board of leg¬ 
islation or other legislative body or bodies, by an affirmative 
vote of not less than two-thirds of the members elected or 
appointed thereto shall, by resolution or ordinance, deem the 
same necessary for the purpose of extending, enlarging, im¬ 
proving, repairing or securing a more complete enjoyment 
of any natural gas works owned by such municipal corpora¬ 
tion, subject, however, to the provisions of section 2 of this 
act. V. 478.1 

Sec. 2. Before any such bonds are issued, the question 
of issuing the same shall be submitted to the voters of the 
municipal corporation at a general or special election, when¬ 
ever the council of any municipal corporation shall, by 
resolution or ordinance, passed by an affirmative vote of 
not less than two-thirds of all the members elected or ap¬ 
pointed thereto, declare it necessary to issue and sell the 
bonds of such municipal corporation for any of the purposes 
set forth in section i of this act, they shall, by such resolu¬ 
tion or ordinance fix the date upon which the question of the 
issue and sale of such bonds shall be submitted to the elec¬ 
tors of such municipality, and shall cause a copy of such 
resolution or ordinance to be certified to the deputy state 
supervisors of the county in which such municipal corpora¬ 
tion is situated, and such deputy state supervisors shall there" 
upon proceed to prepare the ballots and make all other 
necessary arrangements for the submission of such question 
to the electors of such municioal corporation at the time 
fixed in such resolution or ordinance. Such election shall 
be held at the regular place or places of voting in such 
municipal corporation, and shall be conducted, canvassed 
an.d certified in the same manner, except as othei*wise pro¬ 
vided by law, as November elections in such municipal cor¬ 
poration for the election of officers thereof; provided, how¬ 
ever, that, when a special election for such purpose is held 
in a municipal corporation divided into wards, there may 
be but one voting place in each ward, which shall be des¬ 
ignated by the deputy state supervisors of elections, and the 
notice hereinafter provided for shall designate the voting 
places in each ward. In all cities in which registration is 
required, if but one voting place is' designated in each ward, 

3 - 1 ]. L. 


Municipalities 
authorized to 
issue bonds 
for Improving 
natural gas 
works. 


Question of 
issue to be 
submitted to 
vote. 


34 


OHIO ELECTION LAWS. 


Sheriff to 
issue procia- 
mation of 
election. 


Time of state 
and county 
elections. 


Of congres¬ 
sional elec¬ 
tions. 


certificates of removal shall not be necessary, except where 
transfers are required from one ward to another, and the 
board of deputy state supervisors of all such cities shall issue 
such removal certificates. Fifteen days’ notice of the sub¬ 
mission shall be given in one or more newspapers printed 
therein once a week for two consecutive weeks, stating the 
amount of bonds to be issued, the purpose for which they are 
to be issued, and the time and place of holding the election; 
and, if no newspaper is printed therein, the notice shall be 
posted in a conspicious place and published once a week for 
two consecutive weeks in some newspaper of general circu¬ 
lation in the municipal corporation. If two-thirds of the 
voters voting at such election upon the question of issuing 
the bonds vote in favor thereof, then, and not otherwise, 
the bonds shall be issued, and a tax may be levied for the 
purpose of paying the interest and principal upon such 
bonds. Those who vote in favor of the proposition shall 
have written or printed on their ballots, in quotation, ^‘For 
the issue of bonds;” those who vote against the same shall 
have written or printed on their ballots the words, “Against 
the issue of bonds.” [97 v. 237.] 

STATE AND COUNTY ELECTIONS. 

Sec. 2977. The sheriff of each county shall, at least 
fifteen days before the holding of any general election and 
at least ten days before the holding of any special election, 
for any officer named in the next section, give notice by 
proclamation throughout his county of the time and place 
of holding such election, and the officers at that time to be 
chosen, one copy of which shall be posted up at each of the 
places where elections are appointed to be held; and such 
proclamation shall also be inserted in some newspaper pub¬ 
lished in the county, if any is published therein. [50 v. 311, 
§ 4 -] 

Sec. 2978. All general elections for governor, lieuten¬ 
ant-governor, secretary of state, auditor of state, treasurer 
of state, attorney-general, state commissioner of common 
schools, member of the board of public works, judge of the 
supreme court, clerk of the supreme court, judge of the cir¬ 
cuit court, judge of the common pleas court, senators and 
representatives to the general assembly, judge of the pro¬ 
bate court, clerk of the common pleas court, sheriff, county 
auditor, county commissioner, county treasurer, county 
recorder, county surveyor, prosecuting attorney, infirmary 
director, and coroner shall be held on the first Tuesday after 
the first Monday in November. All votes for any judge for 
any elective office, except a judicial office, under the author¬ 
ity of this state, given by the general assembly or the people 
shall be void. [83 v. 35.] 

Sec. 2979. The electors of each congressional district 
in this state shall, biennially, on the first Tuesday after the 


OHIO ELECTION LAWS. 


35 


first Monday in November, vote for a representative in the 
congress of the United States for the term commencing on 
the fourth day of March next thereafter. [83 v. 35.] 

Sec. 2988. Whenever a vacancy happens in the office 
of representative to congress, or senator or representative 
to. the general assembly, the governor shall, upon satisfac¬ 
tory information thereof, issue a writ of election, directing 
that a special election be held to fill such vacancy, in the 
territory entitled to fill the same, on a day which shall be 
specified in the writ; such writ shall be directed to the 
sheriff or sheriffs within such territory, who shall give notice 
of the time and places of holding such election, as in other 
cases; and such election shall be held and conducted, and 
returns thereof made, as in case of a regular election. [50 
V. 311, § 28.] 

Sec. 2993. If any number of persons greater than the 
number of county offices directed to be filled at any election 
have the highest and an equal number of votes, the deputy 
state supervisors aforesaid shall determine by lot which of 
the persons shall be duly elected; and if, at any election for 
senators or representatives to the general assembly, there is 
no choice in any instance, on account of two or more per¬ 
sons having received the highest and an equal number of 
votes, the deputy state supervisors issuing the certificates of 
election shall publicly determine by lot who of those having 
such equal number of votes shall be elected; such decision 
by lot shall be made in their office aforesaid, at ten o’clock 
A. M. on the eighth day after the election; and in such case 
the deputy state supervisors shall not be required to forward 
the returns of the election until such decision by lot has been 
made. [90 v. 281.] 

Sec. 2995. The deputy state supervisors shall, without 
fee, make, and, upon demandy deliver to the persons elected 
respectively to the offices of probate judge, clerk of the 
court of common pleas, sheriff, coroner, county auditor, 
county commissioner, county treasurer, county recorder, 
county surveyor, prosecuting attorney, infirmary director, 
and senator and representatives to the general assembly, cer¬ 
tificates of their election; and they shall also make, for any 
elector of his county, upon being paid one dollar therefor, 
an abstract of votes cast at any election to fill any of said 
offices. [90 V. 281.] 


PRESIDENTIAL ELECTIONS. 

Sec. 2967. At least- fifteen days before the time for 
holding the election provided for in the next section, the 
sheriff shall give public notice by proclamation throughout 


Vacancy in 
office of rep¬ 
resentative to 
congress and 
members of 
general as¬ 
sembly; how 
filled. 


Tie votes for 
county officers 
and members 
of the general 
assembly to be 
determined by 
lot. 


Certificates of 
election of 
certain offi¬ 
cers; ab¬ 
stracts of 
votes for 
such officers. 


Sheriff shall 
issue procla¬ 
mation of 
election. 


36 


OHIO ELECTION LAWS. 


his county, of the time and place of holding such election, 
and the number of electors to be chosen; a copy of which 
shall be posted up at each of the places where elections are 
appointed to be held, and inserted in some newspaper pub¬ 
lished in the county, if any is published therein. [6i v. 84, 
§ i; 50 V. 311, § 4.] 


Electors of 
president and 
vice president 
to be elected. 


Sec. 2968. The qualified electors shall, on the Tues¬ 
day next after the first Monday in November, in the year 
eighteen hundred and eighty, and every fourth year there¬ 
after, elect a number of electors of president and vice-pres¬ 
ident of the United States, equal to the number of senators 
and representatives this state may be entitled to in the 
congress of the United States; but no senator or representa¬ 
tive in congress, or other person holding an office of trust or 
profit under the United States, or any law thereof, shall be 
eligible as an elector of president or vice-president. [61 
V. 84, § I.] 


Secretary of 
state to can¬ 
vass returns, 
an'd governor 
to issue certi¬ 
ficates and 
make publli- 
cations. 


Sec. 2970. When returns are received from all the 
counties, the secretary of state shall, in the presence of the 
governor, auditor of state, and such other state officers as 
may choose to attend, open the abstracts of poll-books, and 
as they are opened, cause the same to be read aloud, and 
make an abstract showing the number of votes given for 
each person for such office; and if two or more such per¬ 
sons receive an equal number of votes, the secretary of 
state, in the presence of the state officers aforesaid, shall 
determine by lot which of such persons is duly elected; 
and the governor shall make,i and transmit by mail to the 
persons having the highest number of votes, or whose 
election was determined by lot as aforesaid, certificates of 
their election to the office of elector of president and vice- 
president of the United States, and shall cause notice of 
their election tp be published in three newspapers published 
at Columbus, two of which shall be of opposite politics. [70 
V. 372, § I.] 


Notice of con¬ 
test of elec¬ 
tion of presi¬ 
dential elec¬ 
tors. 


Procedure. 


Sec. 2970a. Any qualified voter may contest the elec¬ 
tion of the electors so chosen, or any of them, by serving 
notice upon the contestee or contestees in tha manner and 
time prescribed in section 3005, and filing a copy thereof 
with the governor of the state within five days after the 
mailing by him of the certificates of election prescribed in 
section 2970; and the provisions of sections 2998, 2999, 
3000 and 3001 shall apply to such contest, except that all 
testimony taken and all matters relating to the contest shall 
be sent to and filed with the secretary of state, before the 
day appointed by the governor for the hearing; and every 
such contest shall be hoard and dottrmindd as horeinaftter 
provided. [85 v. 26.] 


OHIO ELECtiON LAWS. 


37 


Sec. 2970&. Upon the filing of the copy of such notice 
with the governor, it shall be his duty within five days to 
appoint four of the judges of the circuit courts, not more 
than two of whom shall be of the same political party, or so 
reputed to be, who, with the governor, shall be a commis¬ 
sion to hear and determine such contest; and he shall ap¬ 
point the time for such hearing, which shall be within ten 
days, and give them notice thereof; and thereupon a cer¬ 
tified copy of the notice filed with the governor by the con- 
testor, and notice in writing to the contestee or contestees 
of the time so appointed for the hearing, and requiring 
him or them to attend in the hall of the supreme court at 
Columbus, at such time, and answer the contest, shall be 
issued by the secretary of state to the sheriff of Franklin 
county; or if he be disqualifiedy to the coroner of said 
county, and may and shall be served by him upon such 
contestee or contestees, in any county, and return made to 
the secretary of state, as upon the summons in a civil 
action. The secretary of state shall act as the secretary of 
such commission, and discharge such duties as they may 
direct in that behalf. [85 v. 26.] 

Sec. 2970c. The said commission shall, in hearing and 
determining such contest or contests, have and exercise all 
the powers and authority, and be governed by the same 
rules and procedure, as may be prescribed for the senate in 
contested elections of state officers, so far as applicable, and 
subject to the constitution and laws of the United States. 
In any order or vote by the commission, and in the final 
decision and judgment upon the contest, the governor shall 
vote if the other members of the commission are equally 
divided, and not otherwise. The judgment of such com¬ 
mission or the majority upon the contest or contests at any 
election of electors of president and vice-president of the 
United States, shall be final and conclusive thereof, and the 
record of the judgment and proceedings shall be filed and 
kept by the secretary of state in his office. [85 v. 26.] 

Sec. 2970J. If any contestee or contestees be ousted 
by the judgment of such commission or the majority of 
them, the certificate of election so issued to him or them 
shall be null and void, and the governor shall forthwith 
make and transmit by mail to the person or persons, if 
any, ascertained and determined by the judgment of the 
commission, or a majority of them, to have been duly 
elected, a certificate of his or their election to the said office 
of elector or electors of president and vice-president of the 
United States, and shall cause notice of his or their election 
and if such judgment to be proclaimed and published and 
[as] prescribed in section 2970. [85 v. 26.] 


Commission 
to hear such 
contests. 


Notice to con¬ 
testees of 
time of hear¬ 
ing, etc. 


Secretary of 
commission. 


Powers of and 
rules govern¬ 
ing commis¬ 
sion. 


When gover¬ 
nor shall vote; 
judgments 
and records of 
commission. 


Proceedings 
under judg¬ 
ment of ous¬ 
ter. 


Sec. 2970^. The commission shall render judgment 
against the party failing in any such contest for all the 


as 


OHIO ELECTION LAWS. 


The electors 
meet at Co¬ 
lumbus. 


Electors to 
give notice to 
the governor 
of their pres¬ 
ence. 


How vacancies 
in the office 
of elector to 
be filled. 


Tie votes to 
be determined 
by the gover¬ 
nor by lot. 


Electors so 
chosen to be 
notified by 
the governor 
and to act as 
electors. 


Compensation 
of electors 
and how paid. 


costs, including the costs of all depositions filed and al¬ 
lowed ; and execution for the same shall be issued to any 
sheriff in the state and levied and collected as upon judg¬ 
ment and execution at law. Security for costs, satisfactory 
to the secretary of state, shall be given by the contestee or 
contestees before any notice of the contest shall be issued by 
him. [85 V. 26.] 

Sec. 2971. The electors chosen as aforesaid shall, at 
twelve o’clock on the day appointed by the congress of the 
United States, meet at the state house in Columbus, and 
then and there perform the duties enjoined upon them by 
the constitution and laws of the United States. [29 v. 41, 
§ 6 .] 

Sec. 2972. Each elector shall, before the hour of 
twelve o’clock on the day next preceding the day fixed by 
the law of congress to elect a president and vice-president 
of the United States, give notice to the governor that he is 
present, and ready at the proper time to perform the duties 
of an elector; and the governor shall thereupon deliver to 
each such elector a certificate of the names of all the elec¬ 
tors. [29 V. 41, § 8.] 

Sec. 2973. If any of the electors are absent, and fail 
to appear before nine o’clock on the morning of the day ap¬ 
pointed for the election, the electors then present shall im¬ 
mediately proceed to elect by ballot in the presence of the 
governor, persons to fill the vacancies occurring through 
such nonattendance. [29 v. 41, § 8.] 

Sec. 2974. If two or more persons receive an equal 
and the greatest number of votes at such election, the gov¬ 
ernor, in the presence of the electors attending shall deter¬ 
mine by lot which of such persons is duly elected; otherwise 
he or they having the greatest number of votes shall be 
considered elected to such vacancies. [29 v. 41,§ 9.] 

Sec. 2975. The electors making such choice shall 
forthwith certify to the governor the names of the persons 
so chosen, and the governor shall cause immediate notice 
in writing to be given to each of such persons; and the per¬ 
sons so chosen and notified, and not the persons in whose 
place they have been chosen, shall be electors, and shall meet 
the other electors at the time and place appointed, and 
then and there discharge all the duties enjoined on them 
as electors by the constitution and laws of the United States 
and of this state. [29 v. 41, § 10.] 

Sec. 2976. Each elector shall receive three dollars for 
each days’ attendance at Columbus as such, and mileage at 
the rate of ten cents per mile for the estimated distance by 


OHIO ELECTION LAWS. 


39 


the usual route, from his place of residence to Columbus, to 
be paid by the state. [70 v. 272, §1.] 

Sec. 83. Each judge of the supreme court, circuit 
court, court of common pleas and probate court, state officer, 
county officer,militia officer and justice of the peace, and each 
officer whose office is created by law, and not otherwise pro¬ 
vided for, shall be ineligible to perform any of the duties per¬ 
taining to such office until he shall receive from the governor 
a commission to fill such office, upon producing to the proper 
officer or authority a legal certificate of his being duly elected 
or appointed; and each of the officers above named, except 
militia officers and notaries public, who receives for the dis¬ 
charge of his official duties any fee, compensation or salary 
shall, before he shall be entitled to receive such commission 
pay to the secretary of state for the making out, recording 
and forwarding thereof a fee of five dollars, excepting each 
justice of the peace, who shall pay two dollars; and as soon 
after any election for any of the offices above named as the 
result shall have become officially known to them, the 
deputy state supervisors of election of each county in this 
state shall, upon payment to them by each such officer of 
the fee above described, immediately forward by mail to the 
secretary of state a certificate of election of each such office, 
together with the fee paid to them by such officer, which fee 
shall be covered into the state treasury for the use of the 
general revenue fund, and thereupon the governor, upon the 
filing of such certificate with the secretary of state, accom¬ 
panied with the fee aforesaid, shall issue the proper commis¬ 
sion to such officer and forward the same to the clerk of the 
court of common pleas, who shall deliver the same to such 
officer. [97 V. 185.] 

TOWNSHIP LOCAL OPTION. 

(4364-24.) Sec. I. That whenever one-fourth of the 
qualified electors of any township, residing outside of any 
municipal incorporation, shall petition the trustees therefor 
for the privilege to determine by ballot whether the sale of 
intoxicating liquors as a beverage shall be prohibited within 
the limits of such township, and without the limits of any 
such municipal incorporation, such trustees shall order a 
special election for the purpose, to be held at the usual place 
or places for holding township elections; and notice shall 
be given and the election conducted in all respects as pro¬ 
vided by law for the election of township trustees; and only 
those electors shall be entitled to vote at such election who 
reside within the township and without the limits of any such 
municipal incorporation. A record of the result of such 
election shall be kept by the township clerk in the record of 
the proceedings of township trustees; and in all trials for 
violation of this act, the original entry of said record, or a 
copy thereof certified by the township clerk, provided that 


Commissions 
and certifi¬ 
cates of elec¬ 
tion of offi¬ 
cers. 


Fees. 


Petition for 
prohibition of 
liquor traffic 
in townships. 


Special elec¬ 
tion to be 
held. 

Notice and 
conduct of 
election. 


Record of re¬ 
sult of elec¬ 
tion; its value 
as evidence. 


40 


OHIO ELECTION LAWS. 


Ballots to be 
voted at such 
election. 


When the 
traffic in any 
township shall 
be unlawful. 


Penalty for 
carrying on 
such prohibit¬ 
ed traffic. 


Manufacture 
and sale of 
cider or na¬ 
tive wine; 
registered 
druggists. 


Closing of sa¬ 
loons on 
Sunday. 


Hotels and 
eating houses. 


it shows or states that a majority was against the sale, shall 
be prima facie evidence that the selling, furnishing, giving 
away or keeping a place, if it took place from and after 
thirty days from the day of the holding of said election was 
then and there prohibited and unlawful. [85 v. 55.] 

(4364-25.) Sec. 2. Persons voting at any election held 
under the provisions of this act, who are opposed to the sale 
of intoxicating liquors as a beverage shall have written or 
printed on their ballots, “Against the saleand those who 
favor the sale of such liquors shall have written or printed on 
their ballots, “For the sale;” and f a majority of the votes 
cast at such election shall be “Against the sale,” then from 
and after thirty days from the day of the holding of said 
election, it shall be unlawful for any person within the limits 
of such township and without the limits of such municipal 
corporation to sell, furnish or give away any intoxicating 
liquors to be used as a beverage, or to keep a place where 
such liquors are kept for sale, given away or furnished; and 
whoever sells, furnishes or gives away any intoxicating 
liquors as a beverage, or keeps a place where such liquors 
are kept for sale, given away or furnished, shall be fined not 
more than five hundred dollars, nor less than fifty dollars, 
and imprisoned in the county jail not exceeding six months; 
but nothing in this section shall be construed so as to prevent 
the manufacture and sale of cider, or sale of wine manufac¬ 
tured from the pure juice of the grape, cultivated in this 
state, nor to prevent [a] legally registered druggist from 
selling or furnishing pure wines or liquors for exclusively 
known medicinal, art, scientific, mechanical, or sacramental 
purposes; but this provision shall not be construed to auth¬ 
orize the keeping of a place where wine, cider or other in¬ 
toxicating liquors are sold, kept for sale, furnished or given 
away as a beverage. [85 v. 55.] 

MUNICIPAL LOCAL OPTION. 

Sec. 4364-20. That the sale of intoxicating liquors, 
whether distilled, malt or vinous, on the first day of the 
week, commonly called Sunday, except by a regular druggist 
on a written prescription of a regular practicing physician 
for medical purposes only, is hereby declared to be unlawful, 
and all places where such intoxicating liquors are on other 
days sold or exposed for sale, except regular drug stores, 
shall on that day be closed, and whoever makes any such 
sales, or allows any such place to be open or remain open on 
that day shall be fined in any sum not exceeding one hundred 
dollars and not less than twenty-Qve dollars for the first 
offense, and for each subsequent offense shall be fined not 
more than two hundred dollars or be imprisoned in the 
county jail or city prison not less than ten days and not ex¬ 
ceeding thirty days, or both. In regular hotels and eating 
houses the word “place” herein used shall be held to mean 
the room or part of room where such liquors are usually 


OHIO ELECTION LAWS. 


41 


sold or exposed for sale and the keeping of such a room or 
part of room securely closed shall be held, as to such hotels 
and eating houses as a closing of the place, within the mean¬ 
ing of this section. And any municipal corporation shall 
have full power to reguU'te the selling, furnishing or giving 
away of intoxicating liquoi s as a beverage and places where 
intoxicating liquors are sold, furnished or given away as a 
beverage, Except as provided for in section 4364-20C of this 
act. [95 V. 87.] 

Sec. 4364-2oa. That whenever forty per cent, of the 
qualified electors of any municipal corporation shall petition 
the council thereof for the privilege to determine by ballot 
whether the sale of intoxicating liquors as a beverage shall 
be prohibited within the limits of such municipal corpora¬ 
tion, such council shall order a special election to be held in 
not less than twenty nor more than thirty days from the 
filing of such petition with the mayor of the municipal cor¬ 
poration or from the presentation of such petition to said 
council, which said petition shall be filed as a public docu¬ 
ment with the clerk of the municipality, and preserved for 
reference and inspection and which election shall be held at 
the usual place or places for holding municipal elections, 
and notice shall be given and the election conducted in all 
respects as provided by law for the election of members 
of the council of the corporation, so far as said law may be 
applicable. The result of such election shall forthwith be 
entered upon the record of the proceedings of the council 
of the corporation by the clerk thereof, and in all trials for 
iolation of this act, the original entry of the record, or a 
copy thereof certified by the clerk of the -corporation, pro¬ 
vided that said record shows that a majority of the votes 
cast at said election was against the sale of intoxicating 
liquors as a beverge, shall be prima facie evidence that the 
selling, furnishing or giving away of intoxicating liquors 
as a beverage or the keeping of a place where such liquors 
are sold, kept for sale, given away or furnished, if such 
selling, furnishing or giving away or keeping such place 
occurred after thirty days from the day of holding the elec¬ 
tion, was then and there prohibited and unlawful. [95 v. 

Sec. 4364-20&. The ballots at any special election, 
held under the provisions of this act, shall be printed with 
an affirmative and a negative statement, to-wit: “The sale 
of intoxicating liquors as a beverage shall be prohibited,” 
“The sale of intoxicating liquors as a beverage shall not be 
prohibited,” with a blank space on the left side of each state¬ 
ment in which to give each' elector an opportunity to clearly 
designate his choice by a cross mark as follows: 

[.] The sala of intoxicating liquors as a beverage 

shall be prohibited. 

^ .] The sale of intoxicating liquors as a beverage 

shall not be prohibited. 


Municipal 

regulation. 


Petition for 
election. 


Special 

election. 


Notice and 
conduct of 
election. 


Record of 
result of 
election; its 
value as evi¬ 
dence. 


Ballots to be 
voted at the 
election. 




42 


OHIO ELECTION LAWS. 


When sale 
shall be un¬ 
lawful. 


Penalty for 
making such 
prohibited 
sale. 


Manufacturers 
may sell at 
wholesale to 
retail dealers. 


Meaning of 
phrase “in¬ 
toxicating 
liquors.” 


Regular 
Druggist 
may sell. 


Rebate of 
Dow tax when 
sale dis¬ 
continued. 


And if a majority of the votes cast at such election shall 
be in favor of prohibiting the sale of intoxicating liquors as 
a beverage, then from and after thirty days from the date 
of holding said election it shall be unlawful for any person, 
personally or by agent, within the limits of such municipal 
corporation to sell, furnish or give away any intoxicating 
liquors to be used as a beverage,, or to keep a place where 
such liquors are kept for sale, given away or furnished, for 
beverage purposes, and whoever from and after the thirty 
days aforesaid in any manner directly or indirectly, sells, fur¬ 
nishes, or gives away, or otherwise deals in any intoxicating 
liquors as a beverage, or keeps or uses a place, structure or 
vehicle, either permanent or transient for such selling, fur¬ 
nishing or giving away or in which or from which intoxicat¬ 
ing liquors are sold, given away or furnished or otherwise 
dealt in as afoesaid, shall be guilty of a disdemeanor, and 
shall on conviction thereof, be fined not more than two hun¬ 
dred dollars nor less than fifty dollars for the first offense, 
and shall for a second offense be fined not more than five 
hundred dollars nor less than one hundred dollars, and for 
any subsequent offense be fined not less than two hundred 
dollars and be imprisoned not more than sixty days and not 
less than ten days. But nothing contained in any of the sec¬ 
tions of this act shall in any manner affect the right of any 
manufacturer of intoxicating liquors from the raw material, 
to sell, deliver and furnish his product in wholesale quan¬ 
tities to bona fide retail dealers trafficking in intoxicating 
liquors, or in wholesale quantities to any party or parties re¬ 
siding outside of the limits of said municipality. [95 v. 88.] 

Sec. 4364-20C. The phrase “intoxicating liquors’" as 
used in this act shall be construed to mean any distilled, malt, 
vinous or any other intoxicating liquors; but nothing in this 
act shall be construed to prevent the selling of intoxicating 
liquors at retail by a regular druggist for exclusively known 
medicinal, pharmaceutical, scientific, mechanical or sacra¬ 
mental purposes; and when sold for medicinal purposes it 
shall be sold only in good faith upon written prescription 
issued, signed and dated in good faith by a reputable physi¬ 
cian in active practice and the prescription used but once. 
The words “giving away” where they occur in this act shall 
not apply to the giving away of intoxicating liquors by a 
person in his private dwelling, unless such private dwelling 
is a place of public resort. [95 v. 89.] 

Sec. 4364-20(i. When any person, company or cor¬ 
poration has discontinued such traffic in accordance with 
the provisions of this act, within the time specified by 
section 4^64-200 of this act, has paid or is charged upon the 
tax duplicate with an assessment upon such traffic, the 
county auditor, upon being satisfied of such fact, shall issue 
to such person, company or corporation, a refunding order 
of an amount proportionate to the unexpired time for which 
said assessment has been paid. [95 v. 89.] 


OHIO ELECTION LAWS. 


43 


SEC.4364-20^. The petition for an election provided 
for in section 4364-20a of this act shall be deemed sufficient 
and the council shall order such an election when the peti¬ 
tion is signed by as many qualified electors as shall equal 
in number forty per cent, of the number of votes cast in 
said municipal corporation at the last preceding general elec¬ 
tion in municipalities which are divided into wards; and in 
all other municipalities, forty per cent, of the qualified elec¬ 
tors at the last preceding municipal election, and in indict¬ 
ments, affidavits, or informations for violation of this act it 
shall not be necessary to set forth the facts showing that the 
required number of electors in the municipal corporation 
petitioned for an election, that the election was held, or that 
the majority voted in favor of prohibiting the sale as herein 
provided. But it shall be sufficient to state that the act com¬ 
plained of was then and there prohibited and unlawful. 

[95 V. 90.] 


Sec. 4364-20/. The following shall be deemed a suffi¬ 
cient entry and record of the result of an election held under 
the provisions of this act as required by sections 4364-20(7 
and 4364-20&. 

The State of Ohio, County of.munici¬ 
pal corporation of . 


The special election held on the.day of., 

A. D.,.,within and for the (municipal corporation of 

.) under the local option law resulted as 

follows: 

Whole nuniber of votes ‘Tor the sale of intoxicating 
liquors as a beverage”. 

Whole number of votes “against the sale of intoxicating 

liquors as a beverage”. 

Clerk of. 

[95 V. 90.] 

Sec. 4364-20^. Money received from fines and for¬ 
feited bonds collected under the provisions of this act shall 
be paid into the treasury of the municipal corporation 
wherein said fine was imposed or bond forfeited, and shall 
be applied to such fund or funds as the council of the said 
corporation may direct. [95 v. 90.] 

Sec. 4364-20/1. At any time after two years from the 
date of an election held under the provisions of section 
4364-2oa of this act another election may be petitioned for 
and shall be ordered as provided for in section 4364-20a. 

[95 V. 90.] 

Sec. 4364-207. Any person being a qualified elector of 
any municipal corporation wherein an election shall have 
been held as provided for in this act may contest the validity 
of such election by filing a petition duly verified with the 
probate court of the county in which such municipal cor¬ 
poration is situated, within ten days after the election, set¬ 
ting forth the grounds for contest. 


What consti¬ 
tutes 40 per 
cent of qual¬ 
ified voters. 


Entry and 
record or 
election. 


Disposition of 
fines. 


Another elec¬ 
tion may be 
ordered; 
when. 


Contest of 
election in 
probate court. 











44 


OHIO ELECTION LAWS. 


Mayor shall 
be summoned. 


Method of 
procedure. 


Repeal and 
saving clause 
for ordi¬ 
nances. 


Petition for 
an election to 
prohibit sale 
of intoxicating 
liquor in resi¬ 
dence district. 


Special elec¬ 
tion to be 
held. 


Petition first 
filed shall 
have preced¬ 
ence. 


Notice and 
conduct of 
election. 


The probate judge, upon the filing of such petition, 
shall forthwith issue a summons, addressed to the mayor of 
such municipal corporation, notifying him of the filing of 
such petition and directing him to appear in said court on 
behalf of said municipal corporation, at a time named in 
the summons, which time shall be not more than twenty days 
after the election nor less than five days after the filing of 
such petition. 

The probate judge shall have final jurisdiction to hear 
and determine the merits of the proceedings, and in other 
respects in the procedure of the hearing he shall be gov¬ 
erned by the law providing for the contesting of an election 
of a justice of the peace so far as such law is applicable. 
The probate court shall require the person or persons con¬ 
testing the election to furnish sufficient security for costs 
before said petition is filed. [95 v. 90.] 

Sec. 2. That section 4364-20 of the Revised Statutes 
of Ohio be and the same is hereby repealed, but an ordi¬ 
nance passed by a municipal corporation under the authority 
given in said section prohibiting places where intoxicating 
liquors are sold at retail shall remain in full force and effect 
until thirty days after an election has been held in accord¬ 
ance with the provisions of section 4364-2oa of this act. An 
ordinance passed by a municipal corporation under the au¬ 
thority given in said section regulating places where intoxi¬ 
cating liquors are sold at retail, shall remain in full force 
and effect until said ordinance is repealed or amended under 
the authority granted in section 4364-20 of this act. [95 
V. 89.] 

RESIDENCE DISTRICT MUNICIPAL LOCAL 
OPTION. 

Section i. Whenever forty per cent, of the qualified 
electors of any residence di^^^^'ict of any municipal corporation 
shajl petition the mayor ct ach municipal corporation, or a 
common pleas judge of the county for the privilege to de¬ 
termine by ballot whether the sale of intoxicating liquor as 
a beverage shall be prohibited within the limits of such resi¬ 
dence district, such mayor or common pleas judge shall 
order a special election to be held in not less than twenty 
and not more than thirty days from the filing of such peti¬ 
tion with the mayor of the municipal corporation or com¬ 
mon pleas judge of the county. When two or more petitions 
are filed and pending, each containing common territory, 
the election shall be ordered for the residence district de¬ 
scribed in the petition first filed. Such election shall be held 
at the usual place or places for holding municipal elections 
in said residence district, if there be such place or places, 
and, if not, at such a place as the mayor or judge may direct 
within said residence district and notice shall be given and 
the election conducted in all respects as provided by law for 


OHIO ELECTION LAWS. 


45 


the election of members of the council of said corporation, 
so far as said law may be applicable. At such election, only 
duly qualified electors residing within the residence district 
shall be entitled to vote; in municipal corporations having 
registration, only registered voters shall be entitled to vote, 
and, the election shall be conducted by the regular judges and 
clerks of election, and the county board of deputy state 
supervisors of election shall designate and notify the judges 
and clerks of election, and shall furnish the ballots and 
supervise the election upon notice being given to them by 
the mayor or judge who orders the election to be held; such 
mayor or judge shall notify the county board of deputy 
state supervisors of election forthwith after ordering- the 
election. The result of such election shall be certified by the 
judges and clerks of such election and sent forthwith to the 
clerk of the council, or the clerk of the municipal corporation 
of which the district is a part, and the clerk shall enter forth¬ 
with the record of the result of the election upon the record 
of the proceedings of the council of said corporation and in 
all trials for violations cl this act the original entry of said 
record, or a copy thereof, certified by the clerk of said council 
or corporation provided it shows that a majority of votes 
cast at such election were against the sale of intoxicating 
liquor as a beverage, shall be prima facie evidence that the 
selling, furnishing or giving away of intoxicating liquor as 
a beverage, or the keeping of a place where such liquors are 
sold, kept for sale, furnished or given away, if such selling, 
furnishing or giving away of intoxicating liquors as a bever¬ 
age, or, the keeping of a place where intoxicating liquors were 
sold, furnished or given away as a beverage, occurred after 
thirty days from the day of holding such election, was then 
and there prohibited and unlawful. [97 v. 87.] 

Section 2. The ballots at any special election held 
under the provisions of this act shall be printed with an 
affirmative and negative statement, to-wit, “The sale of in¬ 
toxicating liquors as a beverage shall be prohibited,” “The 
sale of intoxicating liquors as a beverage shall not be pro¬ 
hibited,” with a blank space on the left side of each state¬ 
ment in which to give each elector a clear oppOTtunity to 
designate his choice by a cross mark as follows: 

( ) The sale of intoxicating liquors as a beverage 

shall be prohibited. 

( ) The sale of intoxicating liquors as a beverage 

shall not be prohibited. 

And if the majority of the votes cast at such election 
shall be in favor of prohibiting the sale of intoxicating 
liquors as a beverage, then, from and after thirty days from 
the date of holding said election it shall be unlawful for any 
person, personally or by agent, within the limits of such 
residence district of such municipal corporation to sell, fur- 
itish or give away any intoxicating liquors to be used as a 
beverage, or to keep a place where such Tiiqinor^ aT^ kept ftxr 


Who qualified 
to vote. 


Record of re¬ 
sult of elec¬ 
tion; its 
value as evi¬ 
dence. 


Ballots to be 
voted at such 
election. 


When the 
sale in a resi¬ 
dence district 
shall be un¬ 
lawful. 


46 


OHIO ELECTION LAWS. 


Penalty for 
making such 
prohibited 
sale. 


What peti¬ 
tion to con¬ 
tain. 


Meaning of 
phrase “In¬ 
toxicating 
liquor.” 


Regular drug¬ 
gists. 


Manufacturer 
may sell at 
wholesale to 
retail dealers. 


sale, given away or furnished for beverage purposes, and 
whoever from and after thirty days aforesaid in any manner, 
directly or indirectly, sells, furnishes or gives away or other¬ 
wise deals in any intoxicating liquors as a beverage or keeps 
or uses a place, structure or vehicle, either permanent or 
transient for selling, furnishing or giving away or in which 
or from which intoxicating liquors are sold, given away or 
fufnished or otherwise dealt in as aforesaid, shall be guilty 
of a misdemeanor, and shall on conviction thereof be fined 
not more than two hundred dollars nor less than fifty dollars 
for the first offense, and shall for any subsequent offense be 
fined not more than five hundred dollars nor less than one 
hundred dollars and the court on conviction for a second or 
subsequent offense shall order the place where such liquor 
is sold, furnished or given away for beverage purposes, to be 
abated as a nuisance or shall order the person convicted for 
such subsequent offense to give bond payable to the municipal 
corporation in the sum of one thousand dollars with sureties 
to the acceptance of the court that he will not sell, furnish, or 
give away any intoxicating liquor as a beverage in said resi¬ 
dence district in violation of law. [97 v. 88.] 

Section 3. A petition for an election under the provi¬ 
sions of this act substantially as follows shall be sufficient 
A petition to determine whether the sale of intoxicating 
liquors as a beverage shall be prohibited in the following 

residence district, to-wit . 

in the municipal corporation of. of the 

state of Ohio. 

To . Date . 

We, the undersigned respectfully represent that we 
are qualified electors of the following residence district, to- 

wit, ...in the 

municipal corporation of . county of 

.state of Ohio, and that we hereby re¬ 
quest you to order an election to determine whether the sale 
of intoxicating liquors as a beverage shall be prohibited in 
said residence district. [97 v. 88.] 

Section 4. The phrase “intoxicating liquor” as used 
in this act shall be construed to mean any distilled, malt, 
vinous of any intoxicating liquors by whatever name the same 
shall be known; but nothing in this act shall be construed to 
prevent the selling of intoxicating liquors at retail by a reg¬ 
ular druggist for exclusively known medicinal, pharmaceut¬ 
ical, scientific or sacramental purposes; and when sold for 
medicinal purposes it shall be sold only in good faith upon 
a written prescription issued, signed and dated in^good faith 
by a reputable physician in active practice and the prescrip¬ 
tion used but once. And nothing contained in any of the 
sections of this act shall in any manner affect the right of any 
manufacturer of intoxicating liquors from the raw material, 
to sell, deliver and furnish his product in wholesale quantities 
to bona fide retail dealers trafficking in intoxicating liquors, 
or in wholesale quantities to any party or parties residing 









OHIO ELECTION LAWS. 


47 


outside the limits of said district, nor of any dealer delivering 
intoxicating liquors to bona fide residences in such district, 
nor of any bona fide wholesale dealer in said district to sell 
or deliver intoxicating liquors in wholesale quantities to 
customers outside of said district. 

The words “giving away” where they occur in this act 
shall not apply to the giving away of intoxicating liquors 
by a person in his private dwelling unless such private dwell¬ 
ing is a place of public resort. 

The phrase “residence district” as used in this act, shall ^hSse^'resi- 
be construed to mean any clearly described, contiguous, com- dence dis- 
pact section or territory in a municipal corporation bounded 
by street, corporation, or other well recognized lines or 
boundaries and containing not fewer than three hundred 
qualified electors, nor more than two thousand qualified elect¬ 
ors; and such district shall not contain any block in which 
one-half or more of the foot frontage of such block is occu¬ 
pied by buildings and premises actually devoted to commer¬ 
cial, manufacturing, mercantile or. other business purposes 
not including saloons; provided, however, that in determin¬ 
ing the total foot frontage referred to herein, property occu¬ 
pied by saloons shall not be counted as either business or 
residence property; and further such residence district shall 
not contain the property or premises abutting on a street 
lying between two*consecutive cross or intersecting streets, 
from street to street, or extending for a distance of not less 
than five hundrded feet along such street on which said prem¬ 
ises abut, whenever fifty-five per cent, of the foot frontage of 
such abutting property is occupied for and devoted to manu¬ 
facturing, mercantile or other business purposes, not includ¬ 
ing saloons; provided, however, that in determining the total 
foot frontage referred to herein, property occupied by sa¬ 
loons shall not be counted as either business or residence 
property; and on the opposite side of said portion of said 
street on which said property abuts, fifty-five per cent, of the 
foot frontage abutting thereon is occupied for and actually 
devoted to manufacturing, mercantile or other business pur¬ 
poses, not including saloons; provided, however, that in de¬ 
termining the total foot frontage referred to herein, property 
occupied by saloons shall not be counted as either business 
or residence property. 

Parks in residence districts and property devoted to 
educational, religious or charitable uses, shall, for the pur¬ 
pose of this act, be held to be occupied for residence pur¬ 
poses ; while public property devoted to other than the above 
specified uses, shall, for like purposes, be deemed to be occu¬ 
pied for business purposes. When but one side of said por¬ 
tion of said street is adaptable for residence or business pur¬ 
poses, then such side of such portion of such street shall 
determine whether the property abutting on both sides of 
such street be counted as business or residence property. 

The term “block” shall be construed to mean the terri- 
tory bounded by four well-recognized adjacent streets and ternf “flock.” 


48 


OHIO ELECTION LAWS. 


Entry and 
record of re¬ 
sult of elec¬ 
tion held un¬ 
der this act. 


What territory 
controlled by 
result of 
election. 


Rebate of 
Dow tax 
whon sale 
di^co'nfinued. 


What consti¬ 
tutes forty per 
cent, of the 
qualified elec¬ 
tors. 


not alleys. The term “saloon’’ shall mean any place where 
intoxicat’ng liquor is sold and trafficked in as a beverage. 

[97 V. 89.1 

Section 5. The following shall be deemed a sufficient 
entry and record of the result of an election held under the 


provisions of this act: 

The State of Ohio, county of.. municipal corpora¬ 
tion of.. 

The special election held on the.day of 

., A. D.. ..., within and for the following 

residence district, to-wit,. 

in the municipal corporation of.... under 


the residence district local option law resulted as follows: 
Whole numebr of votes against the sale of intoxicating 

liquors as a beverage,. 

Whole number of votes against the sale of intoxicating 

liquors as a beverage,. 

.. Clerk. 

In all cities having a city board of elections, the election 
provided for in this act shall be conducted by such board and 
the mayor or judge shall notify such board of the election, 
instead of the county board of deputy state supervisors of 
election, and when any election has been ordered, as provided 
in this act, the mayor of the municipal corporation shall 
issue a proclamation of the election to the voters of such 
residence district. [97 v. 90.] 

Section 6. The territory enclosed by the boundary of 
any residence district within which the sale of intoxicating 
liquors has been prohibited, as provided for in section i of 
this act, shall be controlled by the result of such action, and 
the law shall remain in full force and effect in said territory 
for two years and thereafter until another petition is pre¬ 
sented under the provisions of this act in said residence dis¬ 
trict, or in a residence district in which the whole or part of 
said residence district has been incorporated by petition and 
by vote, as herein provided. [97 v. 91.] 

Section 7. Whenever any person, company or cor¬ 
poration engaged in such traffic that has discontinued such 
traffic within the time specified by section i of this act, has 
paid or is charged upon the tax duplicate with an assessment 
upon such traffic, the county auditor upon being satisfied of 
such fact, shall issue to each person, company or corporation 
a refunding order of an amount proportionate to the unex¬ 
pired time for which said assessment has been paid or is 
charged. [97 v. 91.] 

Section 8. The petition for an election provided for in 
this act shall be deemed sufficient and the mayor or judge 
shall order such election when the petition is signed by as 
many qualified electors as shall equal in number forty per 
cent, of the number of votes cast in s^id residence district at 
the last preceding general election; in municipalities which 
do not have registration of voters, the'petition shall be 
deemed sufficient when it contains forty per cent, of the 











OHIO ELECTION LAWS. 


49 


qualified electors residing in such residence district at the 
time of filing the petition and in indictments, affidavits, or in¬ 
formations for violation of this act, it shall not be necessary 
to set forth the facts showing that the required number of 
electors in the municipal corporation or residence district 
thereof petitioned for an election, that the election was held 
and that the majority voted in favor of prohibiting the sale 
as herein provided. But it shall be sufficient to state that 
the act complained of was then and there prohibited and 
unlawful. [97 V. 91.] 

Section 9. At any time after two years from the date 
of an election held under the provisions of this act, but not 
before, another election may be petitioned for and shall be or¬ 
dered by the mayor or common pleas judge as provided for in 
this act. But nothing contained in the provisions of this act 
shall affect, amend or repeal or alter in any way any other 
law or ordinance which prohibits throughout the municipality 
the selling, furnishing or giving away of intoxicating liquor 
as a beverage or the keeping of -a place where intoxicating 
liquor is sold, furnished or given away as a beverage. [97 
V. 91.] 

Section 10. Money received from fines and forfeited 
bonds collected under the provisions of this act shall be paid 
into the treasury of the municipal corporation wherein said 
fine was imposed or bond forfeited and shall be applied to 
such funds as the council of said corporation may direct. 
[97 V. 9 I-] 

Section ii. Any person being a qualified elector of 
any residence district of any municipal corporation wherein 
an election shall have been held as provided for in this act 
may contest the validity of such election by filing a petition 
duly verified with the probate court of the county in which 
such residence district is situated, within ten days after the 
election, setting forth the grounds for contest. The probate 
judge, upon the filing of such petition, shall forthwith issue 
a summons addressed to the mayor or such municipal cor¬ 
poration notifying him of the filing of such petition and 
directing him to appear in said court on behalf of said resi¬ 
dence district at a time named in the summons, which time 
shall not be more than twenty days after the election nor less 
than five days after the filing of such petition. The probate 
judge shall have final jurisdiction to hear and determine the 
merits of the proceedings, and in other respects in the pro¬ 
cedure of the hearing, he shall be governed by the law 
providing for the contesting of an election of a justice of the 
peace so far as such law is applicable. The probate court 
shall require the person or persons contesting the election to 
furnish security for costs before said petition is filed. Any 
qualified elector of such residence district may appear in 
person, or by attorney, in such contested election case in 
defense of the validity of the election. [97 v. 92.] 


Sufficiency of 
indictments 
under this act. 


Another elec¬ 
tion may be 
held; when. 


Disposition of 
fines. 


Contest of 
election in 
probate 
court. 


Mayor shall 
be summoned. 


Method of 
procedure. 


4-B. L. 


SCHOOL ELECTIONS 


School 
officers; 
election and 
beginning of 
term. 


General elec¬ 
tion laws to 
govern in 
school elec¬ 
tions. 


Publication of 
notice of 
school 
elections. 


Women may 
vote and be 
voted for at 
certain school 
elections. 


Registration. 


Board of 
education In 
city districts; 
how consti¬ 
tuted and 
elected. 


Sec. 2. All elections for school directors, members of 
boards of education and school councils provided for by 
any general or special laws of the state shall likewise be held 
on the first Tuesday after the first Monday in November, 
and the terms of all such officers respectively, shall begin on 
the first Monday in January after their election. And all 
such officers now holding office and hereafter elected shall 
hold their offices until their successors are elected and quali¬ 
fied. [97 V. 40.] 

(3970-10) Sec. I. The election of members of boards 
of education shall be governed and controlled by the general 
election laws of the state. There shall be separate poll- 
books and tally-sheets used for all elections for school pur¬ 
poses, and the ballots of the electors at said elections shall 
be deposited in a separate ballot-box. In city school districts 
the ballots for each subdistrict shall contain the names of 
the candidates for member of the board of education from 
such subdistrict and also the names of the candidates to be 
elected at large. Returns of all school elections shall be 
made to the clerk of the board of education not less than 
five days after the election, and it shall be the duty of the 
board of education to canvass said returns at a meeting to 
be held on the second Monday after the election, and the 
result thereof shall be entered upon the records of the board; 
in case of a tie vote, the same shall be decided by said board 
of education, by lot. [97 v. 354.] 

(3970-11) Sec. 2. The clerk of each board of educa¬ 
tion shall publish a notice of all school elections in a news¬ 
paper of general circulation in the district, or post written 
or printed notices of said elections in five public places in 
the district, at least ten days before the holding of the same, 
which notices shall specify the time and place of such elec¬ 
tion and the number of members of the board of educa¬ 
tion to be elected and the term for which they are to be 
elected, or the nature of the question to be voted upon. 
[97 V. 354.] 

(3970-12) Sec. 3. Every woman born in the United 
States, or who is a wife or daughter of a citizen of the 
United States, who is over twenty-one years of age and 
possesses the necessary qualifications in regard to residence, 
as is provided for men, shall be entitled to vote, and to be 
voted for, for member of the board of education and upon 
no other question. The law relating to registration shall 
apply to women upon whom the right to vote is conferred, 
but the names of such women may be placed on a separate 
list. [97 V. 354.] 


CITY SCHOOL DISTRICTS. 

Sec. 3897. In city school districts the board of educa¬ 
tion shall consist of not less than two members nor more than 
seven members elected at large, by the qualified electors of 
the school district, and of not less than two members nor 



OHIO ELECTION LAWS. 


51 


more than thirty members elected from subdistricts by the 
qualified electors of their respective subdistricts; provided 
that in city school districts which at the last preceding federal 
census contained a population of less than fifty thousand per¬ 
sons, the board of education shall consist of not less than 
three members nor more than seven members elected at 
large, by the qualified electors of such city school districts. 

Not later than the first day of July next, after the 
passage of this act, the present city school board, board of 
education, school council or other city school legislative 
body, shall pass a resolution fixing, within the limits pre¬ 
scribed by this act, the number of members of said board 
of education to be elected at large, and in city school dis¬ 
tricts where there are members of the board of education 
to be elected from subdistricts, they shall also, at the same 
time, fix the number of members of the board of education 
to be elected by such city subdistricts.• The said city school 
board, board of education, school council or other city school 
legislative body, in city school districts where there are mem¬ 
bers of the board of education to be elected from subdis¬ 
tricts, shall, at the same time, to-wit: Before the first day of 
July next, after the passage of this act, subdivide said city 
school district into subdistricts equal in number to the num¬ 
ber of members of the board of education in said city school 
district who are to be elected from subdistricts therein estab¬ 
lished. 

Said subdistricts shall be bounded as far as practicable 
by corporation lines, streets, alleys, avenues, public grounds, 
canals, watercourses, ward boundaries, voting precinct 
boundaries or present school district boundaries, and shall 
be as nearly equal in population as possible, and shall be com¬ 
posed of adjacent and as compact territory as possible. The 
lines of said subdistricts so fixed shall not be changed until 
after each succeeding federal census. 

Within three months after the official announcement 
of the result of each succeeding federal census the board of 
education of each city school district shall redistrict the 
said city school district into subdistricts in accordance with 
the provisions of this act. 

If the city school board of education, school council, 
or. other city school legislative body shall fail to district or 
redistrict said city school district as herein required, at 
the time or times herein specified, then and in that event, 
upon the application of the president of the board of edu¬ 
cation, the state commissioner of common schools shall, sub¬ 
ject to the requirements of this act, forthwith district, or re¬ 
district said city, school districts. 

Provided also, that school subdistricts shall be num¬ 
bered from one up, consecutively, and that at the first election 
for members of the board of education held after the passage 
of this act, the members to be elected to the board of educa¬ 
tion from subdistricts of odd numbers beginning with one, 
shall be elected for two years, and those elected from sub¬ 
districts of even numbers shall be elected for four years, and 
at the expiration of their respective terms their successors 


52 


OHIO ELECTION LAWS. 


Organization 
of city board. 


Nomination 
of candidates 
for member of 
board. 


shall be elected for a term of four years; and provided fur¬ 
ther, that at the said first election the members of the board 
of education at large in all city school districts shall be 
elected for terms as follows: 

If there be but two members of the board of education 
elected at large, one shall be elected for two years and one 
for four years, and if there be more than two, and the number 
thereof divisible by two, the one-half of such board shall 
be elected for two years and one-half for four years but if 
the whole number of members elected at large be not divis¬ 
ible by two, then the number to be elected for two years shall 
be the quotient obtained by dividing the whole number to be 
elected at large, less one, by two, and the remaining mem¬ 
bers shall be elected for four years. , 

At the expiration of their respective terms their success¬ 
ors shall be elected for four years. Members elected at large 
must be electors of the city school district, and members 
elected from subdistricts must be electors of the city subdis¬ 
tricts from which they are chosen, or of the territory attached 
to the subdistrict for school purposes; a removal from said 
subdistricts, territory or city school district shall vacate said 
office. 

The number of members of the board of education shall 
not be changed, except at the time of the redistricting herein 
provided for, within three months after the official announce¬ 
ment of the result of the federal census. 

All members of boards of education of city school dis¬ 
tricts, herein provided for shall be elected at the same time 
and in the same manner as municipal officers are elected. 
[97 V. 338.] 

Sec. 3897a. Boards of education in city school districts 
shall organize on the first Monday in January after the elec¬ 
tion held for members of the board of education by the elec¬ 
tion of one of their members as president and the election of 
a clerk, who may or may not be a member of the board, the 
president to be elected for one year and the clerk to be elected 
for a term not to exceed two years; they shall fix the time of 
holding regular meetings. Upon the organization of the 
first boards of education elected under this act, the previously 
existing boards of education are thereby abolished and said 
newly elected boards shall be their successors in all respects. 
Not less than fifteen days before the election of members of 
boards of education, nominations of candidates therefor may 
be made by nomination papers, signed in the aggregate for 
each candidate by not less than twenty-five qualified electors 
of either sex of the school district, except that in city school 
districts such nomination papers shall be signed by petition¬ 
ers not less in number than one for every one hundred per¬ 
sons who voted at the next preceding general election In 
such city; and whenever each of such candidates shall be so 
nominated and his or their names shall be presented to the 
county board of deputy state supervisors of elections of the 


OHIO ELECTION LAWS. 


53 


county in which such district is situated not less than fifteen 
days prior to the ensuing election, the said board of deputy 
state supervisors of elections shall publish on two differ¬ 
ent days prior to such election the names of such candidates 
in two newspapers of opposite politics in the school district, 
if there be such printed and published therein, or, if no 
newspaper is printed therein, by posting such list of names 
in at least five public places in the school district. [97 v. 

340.] 

Sec. 3898. When territory is attached to a city school 
district for school purposes, it shall be the duty of the board 
of education to assign such territory to the subdistrict or sub¬ 
districts adjoining the same, and a map showing such assign¬ 
ment shall be made a part of the record of the board; the 
electors residing in said attached territory shall be entitled 
to vote for school officers and on all school questions in the 
subdistrict to which they are assigned, and in the election 
precinct nearest their residence; and in case the board fails 
to perform this duty, the electors residing in said attached 
territory, shall be entitled to vote in the subdistrict and pre¬ 
cinct nearest their residence. An elector residing in the 
city, but not in the city school district, shall not be entitled 
to vote in said city school district. [97 v. 340.] 

Sec. 3900. The redistricting of a city school district 
shall not affect the membership of the then existing board of 
education in said city school district; all the members thereof 
shall continue to serve for the full term for which they were 
elected, but after the expiration of said terms the election of 
members of the board of education from subdistricts shall be 
by the subdistricts as redistricted. [97 v. 341.] 


VILLAGE SCHOOL DISTRICTS. 

Sec. 3908. The board of education of village school 
districts shall consist of five members elected at large at the 
same time and in the same manner as municipal officers are 
elected, for the term of four^ears from the first Monday in 
January after their election or until their successors are 
elected and qualified. At the first municipal election held 
after the passage of this act there shall be a board of educa¬ 
tion elected in all village districts as provided for herein, 
two to serve for two years, and three to serve for four years, 
and at the municipal election held every second year there¬ 
after, their successors shall be elected for the term of four 
years. Upon the organization of said boards, upon the suc¬ 
ceeding first Monday in January after their election, the 
previously existing village boards of education shall be 
thereby abolished and the newly elected and organized board 
shall be their successors in all respects. [97 v. 341.] 


Where elector 
residing in 
territory at¬ 
tached to city 
for school 
purposes en¬ 
titled to vote 
on school 
questions. 


Redistricting 
of city school 
disrict shall 
not affect the 
then existing 
board. 


Board of edu¬ 
cation in vil¬ 
lage districts, 
how consti¬ 
tuted and 
elected. 


54 


OHIO ELECTION LAWS. 


Election of 
board in vil¬ 
lage not now 
organized as 
school district 
or in newly- 
created vil¬ 
lage. 


Sec. 3909. In all incorporated villages not now organ¬ 
ized as school districts and in all villages hereafter created, 
there shall be a board of education elected as provided for in 
section 3908 of the Revised Statutes of Ohio; provided, 
however, that if said election be a special election held in a 
newly created village, the members elected shall serve for the 
terms as indicated in said section 3908, from the first Monday 
in January after the last preceding election for members of 
boards of education, and the board shall organize on the 
second Monday after the special election. [97 v. 341.] 


Where elector 
residing in 
terriory at¬ 
tached to vil¬ 
lage for school 
purposes en¬ 
titled to vote 
on school 
questions. 


Sec. 3910. Electors residing in territory attached to a 
village school district for school purposes, shall be entitled 
to vote for school officers and on all school questions, at the 
regular voting place in the village to which such territory' 
is attached, and should said village be divided into voting 
precincts, it shall be the duty of the board of education of 
such village school district to assign such territory to the 
adjoining precinct or precincts and to have a map prepared 
showing such assignment, said map to be made a part of the 
records of the board, and the electors residing in such at¬ 
tached territory shall be entitled to vote in the precinct to 
which they are assigned, but in case no assignment of terri¬ 
tory is made, the elector shall vote in the precinct nearest 
his residence. An elector residing in a village, but not in a 
village school district, shall not be entitled to vote in said vil¬ 
lage school district. [97 v. 341.] 


TOWNSHIP SCHOOL DISTRICTS. 


Board of edu¬ 
cation in 
township disr 
tricts; how 
constituted 
and elected. 


Sec. 3915. The board of education of township school 
districts shall consist of five members elected at large at the 
same time and in the same manner as the township officers 
are elected, for the term of four years from the first Monday 
in January after their election [or] until their successors are 
elected and qualified. At the first township election held 
after the passage of this act, there shall be a board of educa¬ 
tion elected in all township districts as provided for herein, 
two to serve for two years, and three to serve for four years, 
and at the township election Md every second year there¬ 
after their successors shall be elected for the term of four 
years. Upon the organization of said boards, upon the suc¬ 
ceeding first Monday in January after their election, the 
previously existing township boards of education shall be 
thereby abolished and the newly elected and organized board 
shall be their successors in all respects. [97 v. 342.] 


Where elector 
residing in 
territory at¬ 
tached to 
township for 
schol pur¬ 
poses entitled 
to vote 
on school 
questions. 


Sec. 3916. Electors residing in territory attached to 
a township school district for school purposes, shall be enti¬ 
tled to vote for school officers and on all school questions, 
at the regular voting place in the township to which such 
territory is attached, and should such township be divided 
into different voting precincts, it shall be the duty of the 


OHIO ELECTION LAWS. 


55 


board of eduption of the township district, to assign such 
attached territory to the adjoining precinct or precincts; if 
territory is attached to more than one precinct, a map shall 
be prepared showing such assignment and said map shall 
be made a part of the records of the board of education, and 
electors shall be entitled to vote according to such assign¬ 
ment, but in case no assignment of territory is made, the 
electors shall vote in the precinct nearest to their residence. 

An elector residing in the township, but not in the township 
school district, shall not be entitled to vote in said township 
school district. [97 v. 342,] 

SUBDISTRICT SCHOOL DIRECTOR. 

Sec. 3921a. In all township districts the schools of School direc- 
which are not centralized or consolidated there shall be powe?^and”’ 
elected by ballot on the second Monday of April, 1905, duties, 
and annually thereafter in each subdistrict, by the quali¬ 
fied electors thereof, one competent, person, having the 
qualifications of an elector therein to be styled director. 

In all cases of tie votes at an election for director the judges 
of election shall decide the election by lot; and in other 
cases of failure to elect directors or in case of a refusal 
to serve, or in case where vacancies exist from any cause, 
the township board of education shall appoint a director 
for such subdistrict. The director of each subdistrict 
shall post written or printed notices in three or more 
conspicuous places in his subdistrict at least six days 
prior to the election, designating the day and hour of 
opening, and the hour of closing the election. The elec¬ 
tion shall be held at the schoolhouse in the subdistrict. 

The meeting shall be organized by appointing a chairman 
and secretary, who shall act as judges of the election un¬ 
der oath or affirmation, which oath or affirmation may be 
administered by the director of the subdistrict, or any 
other person competent to administer such an oath or af¬ 
firmation, and the secretary shall keep a poll-book and 
tally-sheet, which shall be signed by the judges, and de¬ 
livered within eight days to the clerk of the township 
board of education. The qualified electors of the subdis¬ 
trict may hold other meetings at any time upon the call 
of the director or of any five electors. Five days’ notice 
shall be given of such meetings by posting notices in five 
public places in the vicinity. The director of each subdistrict 
shall preside at the school meetings of the district, record 
their proceedings, and shall act as the organ of com¬ 
munication between the inhabitants and the township 
board of education. He shall take charge of the school- 
house and property belonging thereto under the general 
order and direction of the township board of education 
and preserve the same and when, so ordered by the board 
shall make all temporary repairs of the schoolhouse, fur¬ 
niture and fixtures, and provide the necessary fuel for the 


56 


OHIO ELECTION LAWS. 


Submission of 
question of 
centraliza¬ 
tion. 


Submission of 
question of 
decentrali¬ 
zation. 


’Special school 
districts; how 
composed and 
created. 


school, reporting the cost thereof to the board of educa¬ 
tion for payment. The director of each subdistrict shall 
take the enumeration of his subdistrict and and return the 
same to the clerk of the township board of education in the 
manner prescribed by law. [97 v. 343.] 

CENTRALIZATION. 

Sec. 3927-2. A township board of education may 
submit the question of centralization, and upon the peti¬ 
tion of not less than one-fourth of the qualified electors 
of such township district, must submit such question to 
a vote of the qualified electors of such township district, 
and if more votes are cast in favor of centralization than 
against it, at such election, it shall then become the duty 
of the board of education, and such board of education 
is required to proceed at once to the centralization of 
schools of the township, and if necessary purchase a site 
or sites and erect a suitable building or buildings there¬ 
on ; provided, that if, at the said election, more votes are 
cast against the proposition for centralization than for it, 
the question shall not again be submitted to the electors 
of said township district for a period of two years. When 
the schools of a township have been centralized, such 
centralization shall not be discontinued within three 
years thereafter, and then only by petition and election 
as required herein and if at such election more votes are 
cast against centralization than for it, the division into 
subdistricts as they existed prior to centralization, 
shall be thereby re-established at the next regular elec¬ 
tion and subdistrict directors shall be elected as provided 
in section 3921a of this act. [97 v. 344.] 

SPECIAL SCHOOL DISTRICTS. 

Sec. 3928. A special school district may be formed 
of any contiguous territory, not included within the limits 
of an incorporated city or village, which has a total tax 
valuation of not less than one hundred thousand dollars. 
To establish a special school district, a petition signed by 
not less than ten male citizens who are electors of the 
proposed special district shall be filed in the office of the 
probate judge of the county in which such special dis¬ 
trict is situated or if said district is situated in two or 
more counties, then with the probate judge of the county 
having the greatest total tax valuation in said proposed 
district; said petition shall set forth the desires of the 
petitioners, shall contain a description of the territory to 
be included in the proposed special district, and shall be 
accompanied by a statement giving the total tax valuation 
of said territory certified to by the county auditor or au¬ 
ditors and also an accurate map of the territory to be in¬ 
cluded in said district, the same to be prepared to the 


OHIO ELECTION LAWS. 


57 


satisfaction of the probate judge; said petition shall also 
be accompanied by an undertaking of one or more of the 
petitioners, with security to the satisfaction of the judge, 
in the sum of one hundred dollars, conditioned that the 
parties entering into the undertaking shall pay all the 
costs of the proceedings if a special school district is not 
peated, and in such case the probate judge shall render 
judgment against the parties to the undertaking for all 
the costs of the proceedings. In case the petition is 
granted the costs shall be taxed against the special school 
district thereby authorized and shall be paid by the board 
of education of said special school district, thereafter 
elected, from any funds that may come into its posses¬ 
sion. A remonstrance signed by one or more of the 
male citizens who are electors of the proposed district 
rnay be filed with the probate judge and shall be con¬ 
sidered on the hearing of the petition. Nothing herein 
contained shall be so construed as to abolish any special 
school district now existing, but all such districts whether 
created under the provisions of a general or special act, 
including the territory now constituting such special dis¬ 
trict, shall, unless changed under the provisions of this 
chapter, continue to be and remain and be recognized 
and regarded as legal special school districts, excepting, 
however, such special school districts which do now or 
may hereafter include within their boundaries an incor¬ 
porated city or village, and in such cases such special 
district shall become a city or village school district with 
or without territory attached or detached, as the case 
may be. And all officers and members of boards of edu¬ 
cation of existing special school districts heretofore cre¬ 
ated, whether by special or general act, shall continue to 
hold and exercise their respective offices and the powers 
thereof, until their successor^ are elected and qualified as 
provided herein; provided that all such officers of such dis¬ 
tricts created by special act shall hold such offices only 
until the first Monday of January following the first elec¬ 
tion for school officers to be held after the passage of this 
act, at which election their successors shall be elected. 
[97 V. 345 -] 

Sec. 3930. The board of education of special school 
districts shall consist of five members elected at large at 
the same time and in the same manner as the township 
officers are elected, for the term of four years from the 
first Monday in January after their election or until their 
successors are elected and qualified. At the first town¬ 
ship election held after the passage of this act, there shall 
be a board of education elected in all special districts as 
provided for herein, two to serve for two years, and three 
to serve for four years, and at the township election held 
every second year thereafter, their successors shall be 
elected for the term of four years. Upon the organiza- 


Special dis¬ 
tricts now 
existing shall 
continue; 
exception. 


Officers of ex¬ 
isting special 
school dis¬ 
tricts shall 
hold till their 
successors are 
elected and 
qualified. 


Board of edu¬ 
cation in spe¬ 
cial districts; 
how constitu¬ 
ted and 
elected. 


58 


OHIO ELECTION LAWS. 


Conduct of 
elections in 
special dis¬ 
tricts. 


Mass meeting 
to fix time for 
holding first 
election in 
special dis¬ 
trict. 


Election to 
determine 
continuance 
or abandon¬ 
ment of spe¬ 
cial school 
district; how 
conductd. 


tion of said boards, upon the succeeding first Monday in 
January after their election the previously existing boards 
of education of special school districts shall be thereby 
abolished and the newly elected and organized boards 
shall be their successors in all respects. [97 v. 346.] 

Sec. 3931. Elections in special school districts shall 
be held by the regular election officers of the township in 
which such special districts are situated and if a special 
district is situated in two or more townships, the election 
shall be held by the election officers of the different town¬ 
ships for the electors residing in each township respec¬ 
tively. At least twenty days'prior to the first election 
held under this act, it shall be the duty of the clerk of the 
board of education of each special school district to notify 
the deputy supervisors of elections of the county in which 
the district is situated, or if said district be in two or 
more counties, he shall notify the deputy supervisors of 
each county, of the names of the voting precincts having 
territory in such special school district, and the probable 
number of electors in each precinct, in order that said 
deputy supervisors shalb be enabled to prepare ballots 
and election supplies and distribute the same to the prop¬ 
er precincts, and in each precinct there shall be separate 
ballots, ballot-boxes, poll-books and tally-sheets for each 
school district having voters therein. [97 v. 346.] 

Sec. 3932. When a special school district is created, 
a mass meeting of the electors in such district shall be 
called by the posting of notices in five public places in 
the district setting forth the time and place of said meet¬ 
ing and signed by at least three electors of the district. 
The electors assembled at said meeting shall elect a chair¬ 
man and secretary and fix the time for holding the first 
election for members of the board of education, the time 
so fixed shall not be within twenty-five days of the time 
of holding said mass meeting. The chairman and secre¬ 
tary of said meeting shall immediately post no.tices in five 
public places within the district, giving the date of the 
election and shall notify the deputy state supervisors of 
elections as provided in section 3931 of the revised Stat¬ 
utes of Ohio. The board thus elected, shall organize on 
the second Monday after the election and the term of the 
members shall be as indicated in section 3930 of the Re¬ 
vised Statutes of Ohio, from the first Monday in January 
after the last preceding annual election for members of 
boards of education, or until their successors are elected 
and qualified. [97 v. 347.] 

Sec. 3935. When a petition is signed by not less 
than one-third of the electors residing within the terri¬ 
tory constituting a special school district, whether cre¬ 
ated under the provisions of a general or special act, 
praying for the abandonment or continuance of such dis- 


OHIO ELECTION LAWS. 


59 


trict, shall be presented to the board of education of said 
district, or when said board shall, by a majority vote 
of the full membership of the board, decide to submit the 
question of abandoning or continuing the special school 
district, it shall be the duty of the board to fix the time of 
holding said election at either a special or general elec¬ 
tion and the clerk of the board shall notify the deputy 
state supervisors of elections, as provided in section 3931 
of the Revised Statutes of Ohio, of the date of such elec¬ 
tion and the nature of the same and said supervisors of 
elections shall provide for the same. The clerk of the 
board of education shall also post notices of said election 
in five public places within the district. If said election 
be submitted at a special election in a district situated in 
two or more election precincts, the election shall be held 
at the precinct nearest the schoolhouse in said special dis¬ 
trict, by the election officers of the precinct, and all the 
electors of said district shall vote at said precinct. If the 
district is situated in two or more counties, the deputy 
state supervisors of the county in which said nearest elec¬ 
tion precinct is situated, _shall have charge of the election. 
If said question is submitted at a regular election, it shall 
be conducted in the same manner as the election of mem¬ 
bers of the board of education. The ballot shall be in the 
regular form, but without the circle at the top, and shall 
have printed thereon “Abandonment of special school 
district, yes“Abandonment of special school district, 
noor “Continuance of special school district, yes f 
“Continuance of special school district, no,” as the 
case may be. The expense of said election shall be paid 
in the same manner as are other school election expenses, 
and returns of said elections shall be made to the board 
of education of the special school district and if more votes 
are cast for abandonment than against it, or against con¬ 
tinuance than for it, said boards shall certify the result 
to the board or boards of education of the township or 
townships having territory in said special district and 
the territory of said special district shall thereby revert 
to the township school district or districts from which it 
was originally taken, except as hereinafter provided for 
in the case of indebtedness of the special district. Other¬ 
wise said district shall continue to be and remain and be 
recognized and regarded as a legal special school district 
as theretofore constituted. The legal title of the property 
of the special school district shall in the event of abandon¬ 
ment or failure to continue become vested in the board or 
boards of education of the township or townships in 
which such property is situated. And the school funds 
of said special district shall be paid into the treasury of 
the township district and if said special district be in two 
or more townships, it shall be divided between them in 
proportion to the total tax valuation of property in the 
several districts, but the abandonment of a special school 


60 


OHIO ELECTION LAWS. 


Vacancies in 
board of edu¬ 
cation; how 
filled. 


Maximum 

levy. 


Greater tax 
may be levied 
if authorized 
by vote of 
people. 


Notice of 
election. 


Submission of 
question of 
bond issue 
for erection, 
repairing, etc., 
of school- 
house. 


district shall not be deemed complete until the board of 
education of said district shall have provided for the pay¬ 
ment of any indebtedness that may exist. [97 v. 348.] 

VACANCIES. 

Sec. 3981. Vacancies in any board of education aris¬ 
ing from death, nonresidence, resignation, removal from 
office, failure of person elected or appointed to qualify 
within ten days after the organization of the board or of 
his appointment, removal from the district, or from other 
cause, shall be filled by the board of education at its next 
regular or special meeting or as soon thereafter as possi¬ 
ble for the unexpired term. A majority vote of all the 
remaining members of the board can fill any vacancy or 
vacancies that may exist in said board. [97 v. 355.] 

TAXATION, ETC. 

Sec. 3959. The local tax levy for all school pur¬ 
poses shall not exceed twelve mills on the dollar of valu¬ 
ation of taxable property in any school district, but said 
levy shall not include any special levy, for a specified 
purpose, provided for by a vote of the people. A greater 
tax than is authorized herein may be levied for any or 
all school purposes if the proposition to make such levy 
shall have been first submitted, by the board of education, 
to a vote of the electors of the school district, under a 
resolution prescribing the time, place and nature of the 
proposition to be submitted, and approved by a majority 
of those voting on the proposition ; notice of said election 
must be given by publication of the resolution for three 
consecutive weeks prior thereto in some newspaper pub¬ 
lished and of general circulation in the district, or by post¬ 
ing copies thereof in five of the most conspicuous places 
in the district for a like period, if no such paper is pub¬ 
lished therein. [97 v. 349.] 

Sec. 3991. When the board of education of any 
school district determines that it is necessary for the 
proper accommodation of the schools of such district to 
purchase a site or sites to erect a schoolhouse or houses, 
to complete a partially built schoolhouse, to enlarge, 
repair or furnish a schoolhouse, or to do any or all of 
said things, and that the funds at the disposal of said 
board or that can be raised under the provisions of section 
3994 of the Revised Statutes of Ohio, are not sufficient to 
accomplish said purpose and that a bond issue is neces¬ 
sary, the board shall make an estimate of the probable 
amount of money required for such purpose or purposes 
and at a general election or a special election called for 
that purpose, shall submit to the electors of the district the 
question of the issuing of bonds for the amount so estimated; 
notices of the election required herein shall be given in the 
manner as provided in section thirty-nine hundred and sev¬ 
enty dash eleven. [97 v. 357.] 


OHIO ELECTION LAWS. 


61 


(4009-15) Sec. I. The boards of education of two 
adjoining township school districts, or of a township dis¬ 
trict and of a village or special school district situated 
partially or wholly within the township, may, by a ma¬ 
jority vote of the full membership of each of said boards, 
unite said districts for high school purposes and each 
board may submit the question of levying a tax on the 
property in their respective districts, for the purpose of 
purchasing a site and erecting a building, and may issue 
bonds, as is provided for in section thirty-nine hundred 
and [ninety-one,] sixty-one, thirty-nine hundred and 
[ninety-two,] sixty-two and thirty-nine hundred and 
[ninety-three] sixty-three of the Revised Statutes of Ohio, 
but said question of tax levy must carry in both 
districts before it shall become operative in either. If 
said boards of education have sufficient money in the 
treasury to purchase said site and erect said building, or 
if there is a suitable building in either district owned 
by the board of education that can be used for a high 
school building, it shall not be necessary to submit the 
proposition to a vote, and the boards are authorized to 
appropriate money from their funds for this purpose. 
Any high school so established shall be under the man¬ 
agement of the board of education of the district in which 
the schoolhouse is located, and shall be free to all youth 
of school age within both districts, subject to such rules 
and regulations as may be adopted by the board of edu¬ 
cation having control of the school in regard to the 
qualifications in scholarship requisite for admission, such 
rules and regulations to be of uniform operation through¬ 
out both districts. The funds for the maintenance and 
support of such high school shall be provided by appro¬ 
priations from the tuition or contingent funds, or both, 
of each district, in proportion to the total valuation of 
property in the respective districts, the same to be placed 
in a separate fund in the treasury of the board of educa¬ 
tion having control of the school and paid out by action 
of said board, but only for the purposes of maintaining 
said school. [97 v. 359.] 


Township high 
school district, 
establishment 
of by boards 
of education. 


Question of 
tax levy for 
such purpose 
must be sub¬ 
mitted to vote. 


When vote not 
necessary. 


Such high 
school shall be 
under control 
of board of 
education of 
district in 
which school- 
house is 
located. 


How funds 
provided. 


62 


OHIO ELECTION LAWS. 


Questions of 
general tax 
for turnpikes 
must be sub¬ 
mitted to elec¬ 
tors. 


Conduct of 
the election. 


Question may 
be again sub¬ 
mitted. 


; i' 


Effect of an 

affirmative 

'ote. 


TURNPIKES. 

Sec. 4763. The commissioner shall not levy any gen¬ 
eral tax, nor appropriate any money, except so far as may 
be necessary to pay the expense of preliminary surveys 
already commenced, or any other liabilities already incurred, 
to be expended in the construction of such turnpikes, with¬ 
out first submitting to the qualified voters of the county the 
question as to the policy of constructing such roads by gen¬ 
eral tax, which submission shall be made at any annual 
spring or fall election; and the commissioners shall cause 
public notice of such vote to be given by publication in all 
the newspapers printed and of general circulation in the 
county, and also by causing handbills to be posted up, at 
the usual place of holding elections, in each township and 
ward throughout the county at least fifteen days prior to 
such election; provided, that in any county in which such 
question has heretofore been submitted, under the authority 
of an act entitled “An act to authorize county commissioners 
to locate and construct turnpike roads,’’ passed April 30, 
1869, and acts amendatory thereto, and in which, at such 
election, the majority of the votes cast were in favor of such 
policy, no vote shall again be required to authorize the com¬ 
missioners to continue such tax and improve roads as pro¬ 
vided for in this chapter. [77 v. 161.] 

Sec. 4764. The judges of such election in the several 
townships and wards in any county in which such question 
is submitted, and such notice given, as aforesaid, shall open 
a poll for taking such vote, receive and count the ballots 
cast, and within three days thv reafter^ return to the auditor 
of the county a full ^and correct abstract of the votes, and 
shall in all respects be governed by the laws regulating gen¬ 
eral elections, and be entitled to the same compensation for 
returning the poll-books, which shall be paid out of the 
county treasury on the order of the auditor; and the poll- 
books so returned shall, within five days from the day of 
holding such election, be opened, and the votes counted by 
the commissioners and auditor of the county, and a correct 
statement of the result shall be kept by the auditor on file 
in his office for public inspection. [67 v. 9, § 2.] 

Sec. 4765. If at such election a majority of the votes 
so cast be against the policy of constructing such turnpikes, 
the commissioners shall not assess any tax for that purpose, 
but they may, on petition of not less than one hundred tax¬ 
payers of the county, again submit the same question at any 
regular annual election, either in the spring or fall, to the 
qualified voters of the county, notice of which shall be given 
and the election conducted in all respects in the manner pre¬ 
scribed in the two preceding sections. [67 v. 9, §3.] 

Sec. 4766. If at any such election a majority be found 
in favor of the construction of such turnpikes, the commis- 


OHIO ELECTION LAWS. 


6C 


sioners may proceed to levy taxes, issue bonds, and appro¬ 
priate and expend money in the construction of such turn¬ 
pike roads, as in their judgment may be necessary to the 
public convenience and promotive of the public interest. 


Sec. 4823. Councils of villages are authorized to levy 
a tax to construct free turnpike roads, or a part thereof. In 
counties wherein such villages are situate, and terminating 
or running through such villages, and for this purpose such 
councils are authorized to issue the bonds of the villages, 
payable with legal interest at such times as the councils may 
deem advisable, and such bonds shall not be sold for less 
than their par value. [64 v. 54, §2; 64 v. 109, §1.] 


Villages may- 
assist in con¬ 
structing such 
roads. 


May issue 
bonds. 


Sec. 4824. For the purpose of paying such bonds, and 
the interest thereon, as the same become due, the councils tors, 
are authorized to levy a tax upon the taxable property of 
such villages sufficient for the purpose, not exceeding five 
mills on the dollar in any year; but such tax shall in no 
case be levied, nor shall such bonds be issued, until at some 
regular election, held in such villages, the majority of the 
qualified electors thereof approve the tax; and in case the 
amount to be appropriated for any one road does not ex¬ 
ceed the sum of five hundred dollars, the councils may ap¬ 
propriate and apply the same in money for said road improve¬ 
ment, out of any money on hand, or funds not otherwise ap¬ 
propriated, without issuing bonds or levying a tax, such 
appropriation to be made by an ordinance passed for the pur¬ 
pose, specifying particularly the amount, and for what road 
appropriated. [72 v. 83, § 3.] ^ 


64 


OHIO ELECTION LAWS. 


Election pre¬ 
cincts; how 
composed. 


Where elec¬ 
tions to be 
held. 


Exception. 


Division of 
wards, town¬ 
ships or pre¬ 
cincts. 


Rearrange¬ 
ment, subdi¬ 
vision or com¬ 
bination of 
such precincts. 


Precincts shall 
contain at 
least one hun¬ 
dred and 
fify voters; 
xception 


Notice of pro¬ 
posed change. 


Hearing and 
determination 
of question. 


ELECTION PRECINCTS. 

Sec. 2923. Each township, exclusive of the terri¬ 
tory embraced within the limits of a municipal corpora¬ 
tion shall compose an election precinct, unless such town¬ 
ship is divided, according to law, into precincts. Each 
municipal corporation containing fifty or more voters 
shall also compose an election precinct, unless such cor¬ 
poration is divided, according to law, into precincts; 
but if such municipal corporation is situated in two or 
more townships, the territory of such corporation situated 
in each township shall constitute at least one election pre¬ 
cinct if there are fifty or more voters therein. Each ward 
of every city shall compose one election precinct, unless 
such ward is divided, according to law, into precincts. 
Elections shall be held for every township precinct at 
such place within the township as the trustees thereof 
shall determine to be most convenient of access for the 
voters of such precinct, and for each municipal or ward 
precinct, at such place as the council of the corporation 
shall designate. Provided that in registration cities, the 
deputy state supervisors of elections shall designate such 
place of holding elections in each precinct. [97 v. 191.] 

Sec. 2966-15. In all municipalities where registra¬ 
tion is not required, and in townships, when four hundred 
votes or more have been cast at the last preceding No¬ 
vember election in any ward or township, or in any pre¬ 
cinct therein, such ward, township or election precinct 
may, or, when a majority of the voters petition therefor, 
shall be divided by the deputy state supervisors, as herein¬ 
after provided, into two or more election precincts, so as to 
limit the number of voters in each ward or precinct to 
two hundred, as nearly as may be practicable; and from 
time to time, any or all of such precincts may be rear¬ 
ranged, subdivided, or combined as often as may be 
deemed necessary or the convenience of the electors and 
the prompt and correct conduct of the elections may 
require, provided that no precinct hereafter created shall 
contain less than one hundred and fifty voters; except 
that a municipality containing fifty or more voters shall 
compose at least one voting precinct as provided in Sec. 
2923 herein, and in a municipality situated in two or more 
townships, the part thereof in each township shall com¬ 
pose at least one voting precinct if there are fifty or 
more voters therein. At least thirty days previous to 
any election, the officers above named shall give ten days^ 
notice, by publication in two papers of opposite politics 
published in the county, that the question whether the 
township, ward or precinct, or precincts, shall be divided, 
changed or combined, will be considered on a day named 
in said notice. On said day, or some subsequent day to 
which the matter may be adjourned, the question of 
dividing, changing or combining said precinct shall be 
heard, and if there are no remonstrances against said 
division, change or combination, they shall declare the 


OHIO ELECTION LAWS. 


65 


same, and the precincts so established; but if any twelve 
electors of such precinct remonstrate against such divi¬ 
sion, change or combination, the matter shall be heard and 
determined, and such order made for or against such 
division, change or combination as is deemed proper; 
provided, that nothing in this section shall be construed 
to affect the power and duties of boards of deputy state 
supervisors in reference to the division of election pre¬ 
cincts within such cities as provided in section 2926 of 
the Revised Statutes; provided, further, that the division 
of any election precinct into two or more subdivisions, 
as herein provided, shall not be construed as requiring 
the election of an assessor in each such subdivision, but 
in all such election precincts subdivided as aforesaid 
there shall be elected one assessor for each original pre¬ 
cinct unless the deputy state supervisors, at the time of 
the division, shall order that an assessor be elected in 
each precinct. [97 v. 225.] 

Sec. 2926. In cities in which registration is required 
as hereinafter provided when five hundred votes or more 
have been cast at the last preceding election in any ward, 
or in any precinct in any ward, such ward or election pre¬ 
cinct shall be divided by the board of deputy state super¬ 
visors of elections of the county, hereinafter provided for, 
into two or more election precincts, so as to limit the 
number of votes in each ward or precinct to two hundred 
and fifty, as nearly as may be practicable. And from 
time to time thereafter the said board shall rearrange, 
subdivide or combine precincts, as often as it may deem 
such action necessary to secure the convenience of elec¬ 
tors and the prompt and correct conduct of elections; 
but no such precinct hereafter created shall contain less 
than two hundred voters. [97 v. 192.] 


Precincts in 

registration 

cities. 


Election of 
assessors. 


Election pre¬ 
cincts in 
cities in 
which regis¬ 
tration is re¬ 
quired. 


5 —E. L. 


66 


OHIO ELECTION LAWS. 


State super¬ 
visor of elec¬ 
tions, state 
supervisor 
and inspector 
of elections, 
deputy state 
supervisors 
and deputy 
state super¬ 
visors and 
inspectors of 
elections. 


State super¬ 
visor of elec¬ 
tions and state 
supervisor and 
inspector of 
elections. 


Appointments, 
qualifications 
and term of 
deputy state 
supervisors. 


Vacancies. 


Recommenda¬ 
tion by party 
executive 
committees. 


SUPERVISORY ELECTION LAWS. 

(2966-1.) Sec. I. There is hereby created the 
offices of state supervisor of elections, state supervisor 
and inspector of elections, deputy state supervisors of 
elections, and deputy state supervisors and inspectors 
of elections, with the powers and duties hereinafter 
prescribed, for the conduct and supervision of the regis¬ 
tration of electors, and of elections in this state, except 
as otherwise provided by law. [97 v. 218.] 

(2966-2.) Sec. 2. By virtue of his office the secre¬ 
tary of state shall be the state supervisor of elections, and 
the state supervisor and inspector of elections, and in 
addition to the duties now imposed upon him by law, 
shall perform the duties of such offices as defined herein. 
[97 V. 218.] 

(2966-3.) Sec. 3. On or before the first Monday in 
August, 1892, such state supervisor shall appoint four 
deputy state supervisors for each county in this state, who 
shall be qualified electors of the county for which ap¬ 
pointed. For the first appointment, two members shall 
be appointed for a term of one year, and two for a term of 
two years from the first Monday in August, 1892. One 
member so appointed for one year and one for two years, 
shall be from the political party which cast the highest 
number of votes at the last preceding November election 
for governor or secretary of state. The other two mem¬ 
bers shall be appointed from the political party which 
cast the next highest number of votes for such officer at 
said November election. Thereafter except in counties 
containing cities wherein annual general registration of 
electors is required by this act, appointments shall be 
made annually for two deputy state supervisors for each 
county for the term of two years, which appointments 
shall be from two political parties which cast the highest 
and next highest number of votes at the last preceding 
November election for governor or secretary of state. 
All vacancies shall be filled and all appointments to new 
terms made from the political party to which the vacating 
or outgoing member belongs, unless there be a third 
political party which cast a greater number of votes in 
this state than did the party to which the retiring member 
belonged, at the next preceding November election, in 
which event the vacancy shall be filled from such third 
party. Provided, that if the executive committees of the 
two political parties in the county casting the highest 
and next highest number of votes in this state at the last 
preceding November election, recommend qualified per¬ 
sons to the state supervisor at least ten days before the 
first day of August, then the state supervisor shall ap¬ 
point the persons so recommended to the number to which 


OHIO ELECTION LAWS. 


67 


such party is entitled; but if no such recommendation is 
made, the state supervisor shall make the appointments 
agreeably to the provisions herein contained. Any deputy 
state supervisor may be removed by the state supervisor 
for misfeasance or malfeasance in office, or other good 
and sufficient cause, and if, in filling vacancies caused by 
removals, no person or persons belonging to the political 
party as the person or, persons removed, can be induced to 
accept such appointment, then the vacancies can be filled by 
appointments from any other political party. 

On or before the first day of May, 1904, the state 
supervisor and inspector of elections shall appoint four 
deputy state supervisors and inspectors of elections, in 
each county in the state which contains a city wherein 
annual general registration of electors is required by this 
act, who shall be qualified electors of the county for 
which they are appointed. 

For the first appointments, two members shall be 
appointed for the term of two years, and two for the term 
of four years from the first day of May, 1904. One mem¬ 
ber so appointed for two years, and one for four years, 
shall be from the political party which cast the highest 
number of votes at the last preceding November election 
for governor or secretary of state. The other two mem¬ 
bers shall be appointed from the political party which 
cast the next highest number of votes for such officer at 
said November election. Thereafter, appointments shall 
be made biennially for two deputy state supervisors and 
inspectors of elections for each such county, for the term 
of four years, which appointments shall be from the two 
political parties which cast the highest and the next high¬ 
est number of votes at the last preceding November 
election for governor or secretary of state. All vacancies 
shall be filled and all appointments to new terms made 
from the political party to which the vacating or outgoing 
member belongs unless there be a third political party 
which cast a greater number of votes in this state at the 
next preceding November election than did the party 
to which the retiring member belonged, in which event 
the vacancy shall be filled from such third party. Pro¬ 
vided, that if the executive committees of the two po¬ 
litical parties in the county casting the highest and the 
next highest number of votes in this state at the last pre¬ 
ceding November election, recommend qualified persons 
to the state supervisor and inspector of elections at least 
five days before the first day of May, then the state super¬ 
visor and inspector shall appoint the persons so recom¬ 
mended to the number to which such party is entitled; 
but if no such recommendation is made, the state super¬ 
visor and inspector shall make the appointments agree¬ 
ably to the provisions herein contained. 


Removals. 


Appointments, 
qualifications 
and term of 
deputy state 
supervisors 
and inspec¬ 
tors. 


Vacancies. 


Recommenda¬ 
tion by party 
executive 
committees. 


68 


OHIO ELECTION LAWS. 


Powers and 
duties of 
state super¬ 
visor and in¬ 
spector of 
deletions and 
deputy sitate 
supervisors 
and inspec¬ 
tors of 
elections. 


Deputy clerk; 
compensation. 


Organization 
and selection 
of clerk and 
deputy clerk. 


Selection of 
chief deputy. 


Report of 
organization. 


The state supervisor and inspector of elections and 
the deputy state supervisors and inspectors of elections 
shall have, in addition to the powers and duties conferred 
upon them for the investigation and prosecution of 
offenses against the registration and election laws of this 
state, all the rights, powers and duties conferred and imposed 
by law upon the state supervisor of elections, and the deputy 
state supervisor, and the terms “deputy state supervisor” and 
expressly provided the term “state supervisor” shall be taken 
to apply to the state supervisor and inspector equally with the 
state supervisor, and the terms “deputy state supervisor” and 
“deputy state supervisors,” shall be taken to apply to 
deputy state supervisors and inspectors of elections 
equally with deputy state supervisors of elections, and 
the term “clerk” shall be taken to apply to the clerk of 
the board of deputy state supervisors and inspectors of 
elections equally with the clerk of the board of deputy state 
supervisors of elections. 

The board of deputy state supervisors and inspectors 
of elections shall also appoint a deputy clerk who shall 
perform such duties and receive such compensation, not 
exceeding one hundred dollars per month, as shall be 
determined by the board. 

The deputy state supervisors and inspectors of elec¬ 
tions shall, within five days after their appointment, and 
biennially thereafter, meet and organize by selecting one 
of their number as chief deputy, who shall preside at all 
meetings, and two resident electors of the county, other 
than members of the board, as clerk and deputy clerk 
respectively, all of which officers shall continue in office 
for two years. The balloting for such officers shall 
commence at or before one o’clock p. m. of the day of the 
convening, and at least one ballot shall be taken every 
twenty minutes until such organization is effected, or 
five ballots have been cast as hereinafter provided. The 
clerk shall first be selected by the votes of at least three 
members, and if, after five ballots, no person shall be 
agreed upon as clerk, the names of all persons so voted for 
on such fifth ballot, together with the names of the 
deputies who nominated them, shall be certified to the 
state supervisor and inspector of elections, who shall 
designate therefrom one of such persons to serve as clerk, 
and another such person to serve as deputy clerk. The 
clerk and deputy clerk shall be of opposite political 
parties, and each such officer shall have been nominated by a 
deputy state supervisor and inspector of the political party 
to which he belongs. 

After the selection of the clerk, the chief deputy shall 
be selected from the deputies of opposite politics to that 
of the clerk, and if upon the first ballot no person shall 
be agreed upon as chief deputy, the deputy of opposite 
politics to the clerk and having the shortest term to 
serve shall be and act as chief deputy, presiding at all 


OHIO ELECTION LAWS. 


69 


meetings. When such organization is perfected, the clerk 
shall forthwith report the same to the state supervisor 
and inspector of elections. All vacancies in the offices 
of chief deputy, clerk, and deputy clerk, shall be filled in 
the same manner as original selections are made and by 
persons belonging to the same political party as that to 
which the outgoing officer belonged. The clerk, or 
deputy clerk, may be removed by the state supervisor 
and inspector, or by the deputy supervisors and in¬ 
spectors, for any violation or neglect of duty, or other 
good and sufficient cause. [97 v. 218.] 

Sec. (2966-4.) Sec. 4. The deputy state supervisors 
shall, within fifteen days after their appointment, in each 
year, meet in the office of the county commissioners or in 
counties containing registration cities at their office in 
such city as may be most convenient and organize by 
selecting one of their number as chief deputy, who shall 
preside at all meetings, and a resident elector of such 
county, other than a member of the board, as clerk, both 
of which officers shall continue in office for one year. 
The balloting for such officers shall commence at or be¬ 
fore I o’clock p. m., on the day of convening, and at least 
one ballot shall be taken every twenty minutes until such 
organization is effected. The clerk shall be first selected 
by the votes of at least three members, and if, after five 
ballots no person shall be agreed upon as clerk, the clerk 
shall be selected by lot, from two persons of opposite 
politics, to be nominated by the deputy supervisors, the 
two deputy supervisors of the same politics to name one 
candidate for clerk, and the two deputies of opposite 
politics to name the other. After the selection of the 
clerk the chief deputy shall be selected from deputies of 
opposite politics to that of the clerk, and if upon the first 
ballot no person shall be agreed upon as chief deputy, 
the deputy of opposite politics to the clerk having the 
shortest term to serve, shall be, and act as chief deputy, 
presiding at all meetings. When such organization is 
perfected, the clerk shall forthwith report the same to 
the state supervisor. The clerk may be removed by the 
state supervisor or deputy state supervisors for any vio¬ 
lation or neglect of duty or other) good and sufficient 
cause, and such vacancy shall be filled by the deputy 
state supervisors, from the political party to which such 
outgoing clerk belonged. The clerk shall have power 
to administer oaths to such persons as are required by 
law to file certificates or other papers with the board, 
and to judges and clerks of election, or any witnesses who 
may be called to testify before the board. Such deputy 
supervisors shall meet on the twelfth day before each 
election, and shall remain in session for such length of 
time as may be necessary, and shall adjourn to such day 
as their duties prescribed by law may require. Each 


Vacancies. 


Removals. 


Deputy state 

supervisors: 

organization. 


Chief deputy. 


Clerk. 


Report of or¬ 
ganization. 

Removal of 
clerk. 


Clerk’s power 
to administer 
oath. 


Meetings of 
board. 


70 


OHIO ELECTION LAWS. 


Compensation 
of members 
and clerk. 


Minimum 

Compensation. 


How paid. 


Necessary ex¬ 
penses. 


Codification 
and publica¬ 
tion of elec¬ 
tion laws. 


Distribution. 


Appointment 
of clerks. 


Presiding 

judge. 


Terms. 


Appoint¬ 

ment. 


deputy state supervisor shall receive for his services the 
sum of three dollars for each election precinct in his 
respective county, and the clerk shall receive for his 
services the sum of four dollars for each election precinct 
in his respective county; and the compensation so al¬ 
lowed such officers, during any year, shall be determined 
by the number of precincts in such county at the Novem¬ 
ber election of the next preceding year. Provided that 
the compensation paid to each of said deputy supervisors 
under this section shall in no case be less than one hun¬ 
dred dollars per annum and that the compensation paid 
to the clerk shall in no case be less than one hundred and 
twenty-five dollars per annum. Such compensation shall be 
paid quarterly out of the general revenue fund of the county 
treasury upon vouchers of the board made and certified 
by the chief deputy and the clerk thereof. Upon pre¬ 
sentation of such voucher or vouchers, the county audi¬ 
tor shall issue his warrant upon the treasurer for the 
amount thereof and the treasurer shall pay the same. All 
proper necessary expenses of such board of deputy state 
supervisors shall be defrayed out of the county treasury 
as other county expenses, and the county commissioners 
shall make the necessary levy to meet the same; which 
expenses shall, in the case of boards of supervisors and 
inspectors of elections, include all expenses authorized 
by the state supervisor and inspector and incurred in the 
investigation and prosecution of ofifenses against the laws 
relating to the registration of electors, the right of 
sufifrage and the conduct of elections. [97 v. 221 ,] 

(2966-5.) Sec. 5. The secretary of state is hereby 
authorized and required to collate and publish from time 
to time all the election laws in force applicable to the 
conduct of elections. There shall be a sufficient number 
of copies of such election laws printed, to be bound in 
paper, which shall be distributed in proportion to the 
number of voting precincts in each county, such dis¬ 
tribution to be made in each county by the deputy super¬ 
visors therefor. [97 v. 222.] 

(2966-6.) Sec. 6. At least ten days before any gen¬ 
eral election the deputy supervisors of each county shall 
appoint, in all precincts in which the voters are not 
registered, four judges and two clerks of election, residents 
of the precinct who shall constitute the election officers of 
such precinct; the deputy supervisors shall designate one 
judge in each precinct, whoj shall be selected from the 
dominant party in such precinct, as determined by the 
next preceding November election, to act as presiding 
judge. The terms of the judges and clerks shall cease 
and terminate at the end of one year from the date of 
their appointment, at which time, and annually thereafter, 
their successors shall be appointed to similar term of 


OHIO ELECTION LAWS. 


11 


office, agreeably to the provisions of this act. Not more 
than two judges and not more than one clerk shall belong 
to the same political party. If a judge or clerk in any 
precinct shall fail to appear on the morning of election, 
the electors present shall, viva voce, choose a suitable 
person, having the qualifications of an elector, to fill the 
vacancy from the political party to which the absent 
judge or clerk belonged. The judges and clerks shall 
each receive as compensation the sum of three dollars 
for their services, which services shall be the receiving, 
recording, canvassing, and making return of all the votes 
that may be delivered to them in the voting precinct in 
which they preside on each election day; provided that 
in any county containing a city having a population of 
three hundred thousand or more, by the last preceding 
federal census, the compensation of judges and clerks of 
election for such services shall be five dollars; and in cities 
where registration is required, the compensation of judges 
and clerks of election shall be as otherwise provided in 
this act. The judges and clerks of election, appointed as 
provided in this section, may be summarily removed from 
office by the board of deputy state supervisors at any time 
for neglect of duty, malfeasance or misconduct therein, 
and in all cases the last appointment to either of such 
offices for any precinct shall be recognized as valid. 
When any such officers have been removed and new ap¬ 
pointments made, it shall be the duty of the board of 
deputy state supervisors to immediately send notice to 
the board of precinct officers. The judges and clerks of 
election may be sworn by the clerk of the board or any 
member thereof, and the presiding judge may administer 
the oath to the other election officers of his ward, town¬ 
ship or precinct. Provided, that when new precincts 
have been created or vacancies exist, the deputy state 
supervisors shall at least ten days before any annual 
election appoint judges and clerks of election for such 
precincts, who shall serve for the unexpired term. [97 
V. 222.] 

(2966-7). Sec. 7. Each deputy supervisor of elec¬ 
tions shall, before entering upon his duties, appear before 
some person authorized to administer oaths, and take 
and subscribe to the following oath, which shall be filed 
with the clerk of the court of common pleas in the county 
where such deputy resides: 

State of Ohio, - county, ss .: 

I do solemnly swear (or affirm) that I will support 
the constitution of the United States and of the state of 
Ohio, and perform the duties of deputy state supervisor of 
elections to the best of my ability. Signed --. 

Sworn to and subscribed before me this - day 

of-, in the year-. - 

[Tide of officer.^ 


Vacancy. 


Compensation. 


Proviso. 


Removals. 


Oath of elec¬ 
tion officers. 


Appointments 
for unexpired 
term. 


Oath of 
dteputy super¬ 
visors. 







72 


OHIO ELECTION LAWS. 


Oath of clerk 
of deputy su¬ 
pervisors. 


Oath of clerks 
and judges. 


Duties of 
judges and 
clerks. 


Duties of state 
supervisor 
and deputy 
state super¬ 
visors. 


Certificates of 
nominations 
and nomina¬ 
tion papers. 


The clerk of the deputy supervisors for each county 
shall, before entering upon his duties, take and subscribe 
the following oath, which shall be filed with the clerk of 
the court of common pleas of the county where he resides: 
State of Ohio- - county, ss .: 

I do solemnly swear (or affirm) that I will support 
the constitution of the United States and of the state of 
Ohio, and discharge the duties of clerk of the deputy state 

supervisors for-county to the best of my ability, 

and preserve and keep all records, documents and other 
property pertaining to the conduct of elections placed in 
my custody. Signed, -. 

Sworn to and subscribed before me this-day of 

-, in the year -. -. 

[Title of oiJicer.] 


The clerks and judges of election shall take and sub¬ 
scribe to the following oath, which, upon request of the 
person appointed, shall be administered without com¬ 
pensation by any person authorized to administer oaths, 
and which shall be filed with the clerk of the deputy 
state supervisors: 

State of Ohio, - county, ss .: 

I doi solemly swear that I will support the consti¬ 
tution of the United States and of the state of Ohio, and 
to the best of my ability discharge the duties of judge 

-, - clerk -of the election in and for precinct 

-, - township, - county, at the next ensuing 

election, and I further solemnly swear that if, in the dis¬ 
charge of my official duties, I gain knowledge as to how 
any elector voted at said election, I will not disclose the 
same. Signed, -. 


Sworn to and subscribed before me this-day of 

—, in the year -. -. 

[Title of oihcer.] 


[91 V. 119.] 


(2966-8.) Sec. 8. The judges and clerks provided 
for herein shall serve as such in all elections held under 
the provisions of this act. They shall perform all the 
duties and be subject to all the penalties imposed upon 
judges and clerks of election by law. 

The state supervisor of elections, the deputy state 
supervisors, and the deputy state supervisors and in¬ 
spectors of elections, as herein provided, shall perform all 
the duties imposed by law. 

The state supervisor of elections and the deputy state 
supervisors shall receive and file certificates of nomina¬ 
tions and nomination papers, pass upon the validity there¬ 
of and certify the same agreeably to the provisions of law. 





















OHIO ELECTION LAWS. 


73 


It shall be the duty of the boards of deputy state super¬ 
visors and inspectors of elections to investigate and prose¬ 
cute all violations of the laws relating to the registration 
of electors, the right of suffrage and the conduct of elec¬ 
tions, and to report the same to the state supervisor and 
inspector of elections; and when approved by the state 
supervisor and inspector, and by a vote of a majority of 
all its members, each such board may incur any expense 
necessary to the conduct of such investigations and prose¬ 
cutions. 

The deputy supervisors for each county shall advertise 
and let the printing of the ballots, cards of instruction and 
other required books and papers to be printed by the county; 
they shall receive the ballots from the printer and cause the 
same to be securely sealed up in their presence in packages, 
one for each precinct, containing the designated number of 
ballots for each precinct, and shall make the hecessary in¬ 
dorsement thereon as provided in the ballot laws; they shall 
provide for the delivery of the ballots, poll-books and other 
required books and papers at the polling places in the sev¬ 
eral precincts; they shall cause the polling places to be suit¬ 
ably provided with booths, guard-rails, etc., as provided in 
the act of April 30, 1891, and acts amendatory and supple¬ 
mentary thereto; they shall provide for the care and cus¬ 
tody of the same during the intervals between elections; they 
shall receive the returns of elections, canvass them, and 
make abstracts of the same, and transmit such abstracts to 
the proper officers at the times and in the manner provided 
in sections 2980, 2982, 2983, 2989 and 2994 of the Revised 
Statutes, to canvass the returns, make abstracts thereof, 
transmit the same and issue certificates to persons entitled 
to the same. 

In November elections for township or municipal offi¬ 
cers, or boards of education, or the election of a justice of 
the peace, the judges and clerks of election in each precinct 
shall make and certify the returns to the clerk of the town¬ 
ship or the clerk or auditor of the municipality in or 
for which the election is held, or the clerk of the board 
of education of the school district, instead of to the 
deputy state supervisors, and the said township clerk, 
or the clerk or auditor of the municipality, or clerk of the 
board of education, shall canvass the vote and declare the 
result in the manner, and as provided in sections 1453, 1729 
and 3910 of the Revised Statutes, and in case of an election 
of a justice of the peace, shall certify the result to the board 
of deputy state supervisors; but in municipalities where the 
voters are registered the returns of the election of munici¬ 
pal officers or boards of education or justices of the peace 
shall be made to the board of deputy state supervisors, and 
canvassed by a board of canvassers, consisting of the board 
of deputy state supervisors and the city auditor. [97 v. 
223.] 


Investigation 
and prosecu¬ 
tion of viola¬ 
tion of elec¬ 
tion laws. 


General duties 
of deputy su- 
jrvisors. 


Return and 
canvass of 
vote for town¬ 
ship and mu¬ 
nicipal offi¬ 
cers, mem¬ 
bers of boards 
of education 
and justices 
of the peace. 


74 


OHIO ELECTION LAWS. 


Penalty for 
violation, neg¬ 
lect, or wrong 
performance 
of duty, or 
disobedience, 
by deputy su¬ 
pervisor or 
clerk. 


Investigation 
of irregulari¬ 
ties or non¬ 
performance 
of duty by 
election offi¬ 
cer; report 
thereon. 

Prosecutions. 


Judges and 
clerks of elec¬ 
tion now in 
office; their 
successors. 


Compensation 
of state super¬ 
visor. 


Poll-books and 
tally-s,heets. 


Ballot-box 
and custody 
of. 


(2966-9.) Sec. 9. Any deputy state supervisor of elec¬ 
tions or any clerk of the deputy supervisors for any county, 
upon whom a duty is imposed by law, who shall wilfully and 
negligently violate his said duty, or who shall wilfully neglect 
to perform such duty, or who shall wilfully perform it in 
such a way as to hinder the objects of the law, or who shall 
wilfully disobey any provision of the law incumbent on him, 
shall be punished by a fine of not less than one Iiundred dol¬ 
lars, nor more than one thousand dollars, or by imprison¬ 
ment in jail not more than one year, or both. [89 v. 460.] 

(2966-10.) Sec. 9a. It shall be the duty of the county 
boards of deputy state supervisors to investigate all irregu¬ 
larities or nonperformance of duty by any election officer 
that may be reported to them, or that cornea to their knowl¬ 
edge, and report the facts to the state supervisor of elections 
and to the prosecuting attorney of the county; and the state 
supervisor of elections, or the deputy state supervisors of 
the county, shall have authority, and it is hereby made their 
duty, to order the prosecution of all offenses for violations 
of this act, or any of the laws of the state relating to the 
conduct of elections. [91 v. 121.] 

(2966-11.) Sec. 6. The judges and clerks of election 
now in office shall serve as such until the first day of Octo¬ 
ber, 1894, when their terms of office shall cease and deter¬ 
mine ; after such date, and at least ten days prior to the No¬ 
vember election, the deputy state supervisors shall appoint 
their successors for the terms and in the manner provided by 
law. [91 V. 122.] 

(2966-12.) Sec. I. The state supervisor of elections 
shall receive, as compensation for his services in said capacity, 
an annual salary of one thousand dollars. [97 v. 224.] 

POLL-BOOKS AND TALLY-SHEETS. 

Sec. 1252. The deputy state supervisors shall furnish, 
at the expense of the county, and at least five days before 
the day of election, all the necessary poll-books and tally- 
sheets required in each voting precinct in the county, for 
all presidential, congressional, state, county, municipal, town¬ 
ship or other elections. * * * [90 v. 277.] 

BALLOT-BOXES. 

Sec. 2928. The deputy state supervisors shall cause 
to be provided, at the expense of the county, a ballot-box 
for each precinct therein which may be without the same, 
and cause it to be deposited with the proper township or vil¬ 
lage clerk or city auditor; and every such officer shall cause 
a ballot-box, with a copy of this title, to be delivered at 
each place of holding elections in his township or corpora- 


OHIO ELECTION LAWS. 


75 


tion as often as elections are held therein, and after each 
election the same shall be forthwith returned to him by the 
judges of election for safe keeping; provided, that in regis¬ 
tration cities, the care of the ballot-boxes to be used at any 
election shall devolve upon such board. [97 v. 217.] 


REGISTRATION LAW. 


Applicable to Akron, Canton, Dayton, East Liverpool, Findlay, 
Hamilton, Lima, Lorain, Mansfield, Newark, Portsmouth, 
Sandusky, Springfield, Steubenville, Youngstown and Zanes¬ 
ville, cities having a population of fourteen thousand and 
less than one hundred thousand and in which quadrennial 
general registration is required; also to Cleveland, Cincin¬ 
nati, Toledo, and Columbus, cities having a population of 
one hundred thousand or over and in which annual general 
registration is required. 


Sec. 2926a. In all cities which at the last preceding fed¬ 
eral census had, or which at any subsequent federal census 
may have a population of fourteen thousand or more, there 
shall be a general registration of electors in the several wards 
or precincts thereof, in the manner and at the times, and on 
the days hereinafter provided; no person shall be deemed 
or held to have acquired a legal residence in any ward or 
election precinct in any such city, for the purpose of voting 
therein at any election, general or special, nor shall he be 
admitted to vote at any election therein, unless he shall have 
caused himself to be registered as an elector in such ward 
or precinct in the manner and at the time hereinafter re¬ 
quired. [97 V. 192.] 


Registration: 
Required of 
voters in 
cities having 
a population 
of fourteen 
thousand or 
more. 


Sec. 2926/7. The office of member of city boards of elec¬ 
tions and the city board of elections in registration cities, 
and the office of secretary of such boards are hereby abol¬ 
ished ; and in all counties which contain a city wherem 
annual general registration of electors is required by this 
act, all the powers and duties heretofore exercised by city 
boards of elections, and the secretary thereof, in so far 
as consistent with the provisions of this act, and other ex¬ 
isting laws, shall be exercised by the board of deputy state 
supervisors and inspectors of elections of such county, and 
the clerk thereof respectively; and in all other cases such 
powers and duties shall be exercised by the board of deputy 
state supervisors of the county in which such city is situ¬ 
ated, and the clerk thereof respectively. 


Office of mem¬ 
ber of city- 
board of 
elections abol¬ 
ished; powers 
and duties 
thereof con¬ 
ferred on 
board of 
deputy state 
supervisors 
and inspectors 
of elections or 
board of 
deputy state 
supervisors of 
the county. 



76 


OHIO ELECTION LAWS. 


Office of mem¬ 
ber of board 
of deputy- 
state super¬ 
visors of 
elections in 
counties con¬ 
taining cities 
in which 
annual gen¬ 
eral regis¬ 
tration i 3 re¬ 
quired abol¬ 
ished; powers 
and duties 
thereof con¬ 
ferred upon 
board of 
deputy state 
supervisors 
and inspectors 
of elections of 
such county. 


Clerk; his 
duties. 


Office of 
board. 


Organiination 
of such 
board; 
general 
powers and 
duties. 


And the office of deputy state supervisor of elections, 
and the board of deputy state supervisors of elections, 
and the office of clerk of such board, are hereby abolished 
in every county which contains a city wherein annual gen¬ 
eral registration of electors is required by this act; and 
all the powers and duties heretofore exercised by the 
board of deputy state supervisors of elections and the 
clerk thereof in such counties, in so far as consistent with 
the provisions of this act, and other existing laws, shall 
be exercised by the board of deputy state supervisors and 
inspectors of elections of each such county, hereinafter 
provided for, and the clerk thereof respectively. Pro¬ 
vided, however, that said city boards of election, and 
boards of deputy state supervisors of elections, and the 
clerks thereof, shall continue to exercise the powers and 
duties of their offices under existing laws and receive 
compensation therefor, until the deputy state supervisors 
and inspectors herein provided for have been appointed 
as provided herein. The clerk of the board shall, subject 
to the control of the board keep a full and true record of 
their proceedings, file and preserve in their office all or¬ 
ders, rules and regulations in anywise pertaining to the 
administration of registration and elections; prepare and 
furnish, under the orders of such board, all the registers, 
lists, books, maps, forms, oaths, certificates, instructions 
and blanks, for the use and guidance of registrars, judges 
and clerks of elections, and the board of canvassers; pro¬ 
vide for timely furnishing of such officers therewith, 
and with all the necessary supplies provided for them; to 
receive and keep close custody of all the registers and 
copies returned to such office as provided herein, and of 
all records, papers and certificates of every kind relating 
to the office or administration of such board; he shall also 
have the care of the ballot-boxes while deposited at the 
office of such board; and he shall perform all such other 
or further duties, pertaining to such office and afiFairs as 
shall be prescribed by such board. The board of deputy state 
supervisors shall have a sufficient and suitable office and 
rooms for the purpose herein required which shall be in 
charge of their clerk, and in cities in which annual general 
registration is required shall be kept open daily, except Sun¬ 
days and legal holidays, and in other registration cities at 
such time as the board may require. [97 v. 192.] 

Sec. 2926c. The members of the board of deputy 
state supervisors shall meet within fifteen days after their 
appointment, and organize by the election of a chief dep¬ 
uty and clerk as provided in section 4 of the supervisory 
election law, section (2966-4) of the Revised Statutes. 
No order, resolution or action of such board shall be valid 
without the vote of three of the four members. Such 
board shall appoint all registrars of electors, judges and 


OHIO ELECTION LAWS. 


77 


clerks of election and other clerks, officers and agents 
herein provided for, and designate the ward and precinct 
in which each shall serve. All deputy clerks, assistants, 
registrars and judges and clerks of election, now in office, 
in registration cities, shall remain in their respective of¬ 
fices and employments and continue to perform the sev¬ 
eral duties thereof and receive the compensation therefor, 
under existing laws, and under the direction and control 
of the board of deputy state supervisors, or the board of 
deputy state supervisors and inspectors, as the case may 
be, until their successors are chosen or appointed and 
qualified or until removed by the proper authority in ac¬ 
cordance with the provisions of this act. The board of 
deputy state supervisors shall also appoint the places of 
registration of electors, and holding elections in each 
ward or precinct, and provide suitable booths or hire suit¬ 
able rooms for such purpose and for their own office, at 
such rents as they deem just; they shall also provide the 
necessary and proper furniture and supplies for such 
rooms, and for the purchase, preservation and repair of 
all booths and ballot-boxes, necessary for use at elections in 
such city, and all books, blanks, and forms necessary for the 
registrations and elections herein designated, and for duly 
issuing all notices, advertisements or publications required 
by law. The board of deputy state supervisors of elec¬ 
tions or the board of deputy state supervisors and inspec¬ 
tors of elections, as the case may be, of counties contain¬ 
ing registration cities and the clerk thereof shall, upon 
the taking effect of this act, have the custody, care and 
control of all registers, lists, books, maps, forms, oaths, 
certificates, blanks, booths, and ballot-boxes, and all other 
property and supplies heretofore under the custody and 
control of the city boards of elections and the secretary 
thereof. 


Rules and 
regulations. 


Election pre¬ 
cincts. 


Deputy clerk 
and assist¬ 
ants; salaries. 


The board may, from time to time, make and issue 
all such rules, regulations and instructions, not incon¬ 
sistent with law, as they shall deem necessary for gov¬ 
erning and guiding their clerk and his deputy or assist¬ 
ants, and the registrars of electors and judges, and clerks 
of elections, or other persons under their control in the 
proper discharge of their respective offices and duties. 
They shall divide, define and proclaim the election pre¬ 
cincts of such city, authorized in section two thousand 
nine hundred and twenty-six, and the boundaries thereof, 
and provide for furnishing to each registrar of electors 
and judges of elections a map and pertinent description 
of such divisions and boundaries, and of any changes 
which from time to time are made by them. When nec¬ 
essary, they may employ a deputy clerk and one or more 
clerks as temporary assistants of their clerk, at a salary 
not to exceed the rate of one hundred dollars per month, 
and prescribe their duties. The period for which they 
are employed must always be fixed in the order author- 


78 


OHIO ELECTION LAWS. 


Salaries; and 
expenses; how 
paid. 


Appointment 
of registrars. 


Term. 


Qualifications. 


Oath. 


Appearance 
for examina¬ 
tion. 


izing their employment, but they may be discharged 
sooner at the pleasure of the board. Such deputy clerk 
and all such assistants shall take the same oath for the 
faithful performance of their duties as required of the 
clerk of said board. [97 v. 193.] 

Sec. 2g26d. The cost and charge of the salaries of 
members of such board of deputy state supervisors in any 
such city, and of the clerk and his deputy and assistants, 
and all necessary expenses of the board for the purposes 
herein authorized, and the lawful compensation of all regis¬ 
trars of electors, in such cities, appointed by such board and 
the necessary cost of the registers or other books, blanks, 
forms, stationery and supplies to be provided by said board 
for the purposes herein authorized, including poll-books for 
special elections and the cost of the rent, furnishing and 
supplies of all rooms hired by the said board for their offices 
and as places for the registration of electors and holding 
of elections in such cities shall be borne and paid, by any 
such city out of its general fund, upon vouchers of such 
board certified by its chief deputy and clerk, specifying in 
every voucher the actual services, items of supplies, and 
prices and rates in detail, which shall be allowed by the city 
auditor, and upon his warrant paid by the city treasurer 
of any such city. [97 v. 195.] 

Sec. 2926^. On or before the first day of September, 
annually, the board of deputy state supervisors shall appoint 
for each and every election precinct, in any such city, two 
electors of such city to act as registrar of the electors, and 
also as judges of election in such precinct. And on or before 
the first day of October, annually, the said board shall ap¬ 
point two additional judges of elections and two clerks 
of elections for each and every precinct in any such city. 
Such registrars, judges and clerks of elections shall each 
hold their appointment for one year, unless sooner removed 
by the board and must be electors of any such city, and able 
to read and speak the English language understandingly 
and write it readily and fairly, and each shall take an oath 
of office, as follows: 

State of Ohio,-County, ss: 

I do solemnly swear (or affirm) that I will support the 
constitution of the United States and of the state of Ohio, 
and to the best of my ability discharge the duties of judge 

(registrar or clerk) of the election in and for precinct., 

.ward, city of., at the next ensuing election. 

Signed, . 

[Title of officer.] 

Such oath may be administered by the clerk or any 
member of such board, and shall be filed in the office of such 
board. All persons selected by said board for any of said 
appointments shall appear before said board at their office 
after twenty-four hours’ notice, either served personally or 







OHIO ELECTION LAWS. 


79 


left at their usual place of residence for examination as to 
their qualifications before being appointed; any elector of 
such city so selected who shall fail to appear before said board 
as required by law, or any elector of such city so appointed 
to act as registrar, judge or clerk of elections therein, who 
shall refuse or neglect to take and subscribe the oath of 
office, unless excused by said board, or any registrar, who 
shall, after being duly appointed, fail to be at the place des¬ 
ignated for registration in his precinct during the hours 
set for the registration of electors, or who shall fail to 
deposit the registers at the office of the board of deputy state 
supervisors in accordance with the provisions of section 
2926/ of the Revised Statutes, or who shall fail to post the 
printed lists as required by section 2926/ of the Revised 
Statutes, or any person who shall wilfully mar, damage or 
destroy any registers or portion thereof, shall be fined not 
more than one hundred dollars nor less than twenty-five 
dollars, or be imprisoned in the county jail not more than 
fifteen days, or both, in the discretion of the court. Neither 
the two registrars for any precinct, nor the two clerks of 
election, shall be of the same political party. Nor shall more 
than two of the four judges of election for any precinct be of 
the same political party. Appointments of such officers for 
every precinct shall be made so as in good faith to secure 
equal representation of political parties, if practicable. Any 
vacancy in the office of registrar, or of a judge or clerk 
of elections, shall be filled by said board of deputy state 
supervisors, and either or any of such officers may be sum¬ 
marily removed from, office by such board at any time for 
neglect of duty, malfeasance or misconduct therein. And in 
all cases the last appointment to either of such offices for 
any precinct shall be recognized as valid. If any clerk of 
elections fails to attend at the opening of the polls on the 
day of any election, or shall during the election, by any 
cause become disabled or unfit to act in entering, enumerat¬ 
ing or certifying the ballots, the judges of election, or a 
majority of them, may summarily remove him, and the two 
judges of the same political party as such clerk shall forth¬ 
with appoint another competent elector of any such city 
to act in his place, and administer to him the oath of office 
above prescribed; if any judge of election fails to attend 
at the opening of the polls on the day of election, or for any 
cause, by decision of the other three judges, shall become 
disabled or unfit to act in receiving and enumerating the 
ballots and certifying the result of the election, the other 
iudge of the same political party shall at once appoint an¬ 
other competent elector of any such city to act in his place, 
and administer to him the oath of office above prescribed. 
Provided, that notice of such appointment of judge or clerk 
be immediately sent by the judge making such appointment 
to the board of deputy state supervisors, and such person so 
appointed shall not perform any of the duties of his office 
until the notice has been sent to the board. The person so 


Failure to ap ¬ 
pear. 


Refusal to 
take oath. 


Failure of 
registrar to 
perform 
duties. 


Damage or 
destruction of 
registers; 
penalty. 


Equal repre¬ 
sentation of 
political 
parties. 


Vacancies and 
removals. 


Substituted 
judges and 
clerks. 


Notice of ap¬ 
pointment of 
substitutes. 


80 


OHIO ELECTION LAWS. 


Certificates of 
appointment 
as registrars, 
judges and 
clerks. 


Exemption 
from perform 
ance of mili¬ 
tary duty. 

Minute of re¬ 
moval. 


Powers and 
duties of reg¬ 
istrars and 
judges and 
peace officer.^. 


Preventing 
violence and 
disorder, etc. 


Guarding reg¬ 
istration and 
count. 


Protecting 
clerks, wit¬ 
nesses and 
challengers. 


Securing 
registers, poll- 
books, ballots, 
etc. 


Duty of 
police. 


Loitering 

polls. 


Hindering 

Electors. 


appointed to act temporarily as judge or clerk shall per¬ 
form the duties of the office after the sending of said notice, 
until the board shall confirm said appointment or appoint 
another for said office. Whoever shall be appointed as regis¬ 
trar, judge, or clerk of elections by the board of deputy 
state supervisors, shall receive from the board a certificate 
of appointment, which may be revoked at any time by the 
board; said certificate to be in such form as may be pre¬ 
scribed by the board, and to specify the precinct and ward 
of the city in and for which the person to whom the same 
is issued is appointed to serve, the date of appointment, and 
the expiration of his term of office. Registrars, judges and 
clerks of election during the time they hold such certifi¬ 
cate of appointment, and as such officers shall be exempt 
from the performance of military and jury duty. And im¬ 
mediately upon such a removal of a clerk or judge, and fill¬ 
ing the vacancy as above provided for, a brief note of the 
proceedings shall be entered in the poll-books and sub¬ 
scribed by the judges so acting, and specially stating the 
cause of such removal. [97 v. 195.] 

Sec. 2926/. All registrars of electors and judges of 
elections, while exercising their office under this or any 
other law regulating elections, shall have full power and 
authority, and are hereby required to enforce the peace 
and good order and obedience to their lawful commands for 
such ends at and about the places of registration and of hold¬ 
ing elections. They shall especially keep the access of 
electors to the polls open and unobstructed, prevent and 
suppress all riot, violence, tumult and disorder, and also 
any and all improper practices or attempts tending to ob¬ 
struct or intimidate electors from a free exercise of their free 
right to vote, or tending to disturb or interfere with the 
free and peaceful registration of electors, or counting and 
certifying the result of an election. They shall also pro¬ 
tect the clerks of an election and the witnesses and the 
challengers designated to attend the election as herein pro¬ 
vided for, from any violence, interference or molestation 
during the receiving and enumeration of ballots. And they 
shall at all hazards be bound to preserve and secure the 
registers, poll-books, ballot-boxes and ballots at every elec¬ 
tion from violence, fraud or tampering. To enforce the 
provisions of this section, the officer or authority having 
command of the police force of any such city, shall promptly, 
on the requisition of such board of deputy state super¬ 
visors, detail for service at the polling place in any pre¬ 
cinct of such city, such force as such board may deem neces¬ 
sary, and on every day of elections shall have a special force 
in readiness for any emergency. During the receiving and 
counting of the ballots or registering of electors, no person 
shall congregate or loiter within one hundred feet of the 
polling place of any election or place of registration of 
electors, or in any manner hinder or delay any elector in 
reaching or leaving the place fixed for registration or cast- 


OHIO ELECTION LAWS. 


81 


ing his ballot, or within such distance of one hundred feet 
to give or tender or exhibit any ballot or ticket to any person 
other than a judge of election, or to exhibit any ticket or 
ballot which he intends to cast, or solicit or in any at¬ 
tempt to influence any elector in casting his vote. In the 
discharge of their duties, the judges of elections may, if 
necessary, appoint and require any elector or electors to 
aid them in making known their orders or directions and 
in enforcing the peace. The judges of election, or any of 
them, or any registrar, may order the arrest of any person 
violating this section, but such arrest shall not prevent 
such person from voting or registering if he is entitled to 
do so. The sheriff and all constables, policemen and officers 
of the peace, and all bystanders at- any election, shall im¬ 
mediately obey and aid in enforcing any and every lawful 
order made by the judges at any election in execution of 
the provisions of this section. Any person wilfully re¬ 
fusing or neglecting to perform any of the duties by this 
section prescribed, shall be fined not less than twenty dol¬ 
lars nor more than one thousand dollars, or imprisoned in 
the county jail not less than thirty days nor more than one 
year, or both. [97 v. 197.] 

Sec. 2926^. On or before the first day of September 
annually, the clerk, under the direction of the board of 
deputy state supervisors shall, in any city in which quadren¬ 
nial general registration is required as provided in section 
2926/1 prepare and furnish to the registrars so appointed for 
each precinct in any such city, duplicate lists of all electors so 
registered in such precincts at the last general registration, 
together with such new and additional ones as may have 
registered at any election subsequent to the such general reg¬ 
istration, with sufficient blank space for new electors to be 
registered therein, excepting every fourth year, when a gen¬ 
eral registration is required, as provided in section 2926/1. 
And the board shall, on or before the first day of September 
annually in cities in which yearly general registration is 
required, procure and have at their office, duplicate books 
for each and every election precinct, in any such city for 
the registration of electors therein, and which shall be 
styled and known as “registers of electors.’' Each register 
shall contain space and ruled lines for at least seven hun¬ 
dred names, and be arranged and ruled in parallel columns, 
with printed heading, in the following order; Number (con¬ 
secutively), full name, age, term of residence, nativity, how 
long resident in precinct, in state, when naturalized, court, 
married or single, date of registration, sworn, signature, 
remarks; and the rulings and headings of each page of the 
register shall be according to the following diagram enlarged: 


Soliciting 
votes, etc. 


Power to 
secure assist¬ 
ance. 


To order 
arrests. 


Who shall 
obey and aid 
them. 


Penalty for 
refusal. 


Duplicate list 
of electors to 
be furnished 
registrars; ex¬ 
ception. 


Registrars of 
electors, how 
appointed. 


6—B. L. 


82 


OHIO ELECTION LAWS. 


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OHIO ELECTION LAWS. 


83 


And it shall be the duty of the registrars of each and 
every precinct in any such city to apply, on Wednesday in 
the fourth week before the November election, annually, 
for the lists and registers aforesaid, and the map of their 
precinct, and such printed instructions for the discharge 
of their duties as may be lawfully prescribed by such 
board. [97 v. 198.] 

Sec. 2926A. The days for the general registration of 
electors in cities wherein annual general registration is 
required, and for the quadrennial general registration and 
the yearly registration of new electors in cities wherein 
general registration is required only in presidential years, 
in the several precincts in every such city, shall be Thurs¬ 
day in the fourth week, Thursday in the third week, Fri¬ 
day and Saturday in the second week next before the day 
of the general election in November in each year. Be¬ 
tween the first day of September and the day preceding 
the first of the days above prescribed for the general reg¬ 
istration, and no longer, the clerk of the board of deputy 
state supervisors shall act as registering officer in the fol¬ 
lowing cases only: Any person, resident of such city, 
who will be lawfully entitled to vote therein at the 
next succeeding election in November, may go before 
such clerk, at the office of such board, and on making and 
subscribing an oath or affirmation before him that he will 
necessarily and unavoidably be absent from such city on 
all the days appointed or allowed by this section for the 
general registration of electors by the registrars of the 
precinct in which he resides, specifying the same, and 
more than fifty miles distant therefrom, the clerk, if satis¬ 
fied, shall thereupon file such affidavit and make registra¬ 
tion of such person in the registers of such precinct, on 
compliance of such applicant with the foregoing require¬ 
ments of this section for general registration, and his sig¬ 
nature to the statement prescribed, and no further regis¬ 
try of such applicant shall be necessary; any elector of 
such city who is absent therefrom, and without the coun¬ 
ty in which it is situated, and more than fifty miles dis¬ 
tant from such city, may appear before any judge or clerk 
of any court of record, or notary public, or, if in 
foreign country, before any minister, consul or vice 
consul of the United States, and make and sub¬ 
scribe an affidavit as to his residence, specifying 
in what ward and precinct he resides, and that 
he will be necessarily and unavoidably absent from such 
city on all the days allowed or appointed by this act for 
the general registration of electors by the registrars in 
such precinct, and answering and setting forth accurate¬ 
ly each and all the matters herein required to be set forth 
in the register of electors, and forward such affidavit, 
duly authenticated as above, by mail, under an envelope 
addressed to the '‘clerk of the board of deputy state su- 


Duties of 
registrars. 


Days for 
registration. 


When clerk 
to act as reg¬ 
istering 
officer. 


Registration 
by clerk of 
persons who 
will be neces¬ 
sarily absent 
during regis¬ 
tration. 


Application to 
clerk for 
registration 
by mall. 


84 


OHIO ELECTION LAWS. 


Affidavits. 


Transmittal of 
affidavits to 
registrars. 


Entry of 
“challenged” 
on registers. 


Close of regis¬ 
tration by 
clerk. 


General regis¬ 
tration of 
electors in 
cities having 
a population 
of fourteen 
thousand or 
more. 


pervisors” of such city; if received by such clerk between 
the days above appointed for his acting as registrar, it 
shall entitle such applicant to be entered by the clerk in 
the proper register of such precinct; and in place of the 
signature of such elector, the word “affidavit” shall be in¬ 
serted, and no further registry of such applicant shall be 
necessary; such affidavit and envelope shall be filed and 
preserved in such office; but no such affidavit shall be al¬ 
lowed by the clerk unless the officer before whom it is 
made shall certify that the affiant is personally known 
to him to be the person he represents himself to.be, or 
proven so to be by a credible person known to him, and 
whose name and full address must be stated in such cer¬ 
tificate. Any such affidavit of an absent elector which 
shall be received by such clerk on or after the first days 
herein appointed for general registration by the regis¬ 
trars, shall be transmitted by him immediately to the 
registrars of the proper precinct, and they shall be au¬ 
thorized to register the applicant as above directed, and 
shall preserve such affidavit; provided, that in any case 
where application for registration is thus made by affi¬ 
davits forwarded by mail, if the clerk or registrars, as the 
case may be, are not satisfied that such applicant is a resi¬ 
dent of the precinct so specified, or that he will be enti¬ 
tled to vote on the day of the next election, the word 
“challenged” shall be entered in the register opposite his 
name and in the column for “remarks,” and such affidavit 
and envelope shall be transmitted to the judges of elec¬ 
tion ; and such applicant, if he appear, shall be required to 
establish his residence and qualification before voting. 
On the day preceding the first of the days herein ap¬ 
pointed for the general registration the clerk of the board 
of deputy state supervisors, shall, in each and every reg¬ 
ister in which he has entered any registration of electors, 
as in this section provided, close the same by drawing 
double lines across the page with ink, immediately below 
the last name registered by him, and add the words, 
“close of registration by the clerk,” and shall thereunto 
subscribe his name and office. 

In all cities which now or hereafter may have a popu¬ 
lation of one hundred thousand or more, when ascer¬ 
tained in the manner provided in Sec. 2926a, there shall 
be an annual general registration of all the electors there¬ 
in, in the several wards and precincts, on the days and in 
the manner herein provided; in all cities, which now or 
hereafter may have a population of fourteen thousand 
and less than one hundred thousand, a general registra¬ 
tion of all the electors therein shall only be had at each 
and every presidential election, at the times and upon the 
days hereinbefore specified ;and at all other state.or other 
public elections, those electors who have been duly regis¬ 
tered at such general registration as herein provided, and 
have not removed from the precinct in which they then 


OHIO ELECTION LAWS. 


85 


registered at said general registration in any such city, 
shall not be required to register; but at such state,or other 
public elections, at the times hereinbefore provided for 
registration days, only these electors of any such city 
shall be required to register, as may be new electors, or 
who have moved into any precinct of any such city, since 
any general registration, and have not been registered 
therein, excepting [that] at such public election 
other than presidential and state, such registration 
shall take place on Friday and Saturday in the 
second week before any such election. And if any 
elector removes from the precinct in which he has 
so registered into another precinct of the city in 
which he resides, he shall apply in person to the 
registrars of the precinct in which he has so registered 
for a “removal certificate,” as provided by section 2926^. 
Within a sufficient time previous to any such state, or 
other public election, it shall be the duty of the registrars 
of each and every precinct in any such city to obtain the 
preceding register made by them from the board of dep¬ 
uty state supervisors, and attend at the place in such pre¬ 
cinct appointed for the registration of electors at the time 
hereinbefore provided, and receive applications for regis¬ 
tration by such qualified electors residing therein as are 
not already registered at the last preceding general regis¬ 
tration; it shall further be the duty of such i^egistrars to 
take all such preceding registers of their respective pre¬ 
cincts, so required to be furnished them by section 2926^ 
of this act, and make a thorough canvass thereof, for the 
purpose of ascertaining whether or not any of the elec¬ 
tors so registered have removed or died, and shall make a 
report of their proceedings, carefully noting any and all 
changes found, together with such additional names of 
electors registered by them, to the board of deputy state 
supervisors. [97 v. 200.] 

Sec. 2926/. The registrars of electors appointed as 
herein provided shall, on each of the days appointed for 
the general registration of electors, meet at the place in 
each precinct provided by the board of deputy state sup¬ 
ervisors for that purpose, and there remain in session 
from the hour of eight o’clock before noon, until the hour 
of two o’clock in the afternoon, and from four o’clock in 
the afternoon until nine o’clock in the evening of each and 
all the days so appointed for the purpose of registering 
the electors lawfully resident in such precinct. No per¬ 
son shall be registered as an elector of any such city at 
any time or place other than those which are in this act 
designated; and in making registration every applicant 
shall answer the inquiries made by the registrars; and 
the registrars having openly and publicly met at the place and 
time herein appointed, shall proceed as follows: 


Registration 
of new elec¬ 
tors or elec¬ 
tors moving 
into precinct. 


Removal 

certificates. 


Duties of 
registrars. 


Hours for 
general regis¬ 
tration. 


Mode of regis 
tration. , 


86 


OHIO ELECTION LAWS. 


Receipt of 
application for 
registration. 


Oath in cases 
of challenge. 


Examination 
of applicant. 


Entries in 
registers. 


Signature of 
applicant. 


I. They shall receive the application for registra¬ 
tion of all such male persons, resident in such precinct, as 
then are, or on the day of election which will next follow 
such application will be entitled to vote therein, and who 
shall personally come before them, and such only; the 
registrars may, and if the right of the applicant to be 
registered be challenged by any elector shall, administer 
the following oath, to-wit: “You do solemnly swear (or 
affirm) that you will truly and fully answer all such ques¬ 
tions as shall be put to you touching your place of resi¬ 
dence, name, age, place of birth, qualifications as an elec¬ 
tor, and your right as such to be registered and vote un¬ 
der the laws of this state.” 

2. They shall then examine each applicant as to 
his residence and qualifications as an elector, and if not 
satisfied, or if any elector so demands, shall enter the 
word “challenged” under the column for “remarks.” Un¬ 
less otherwise herein directed, they shall then, in the 
presence of the applicant, enter in the registers his an¬ 
swers to their questions pertinent to the heading of each 
column, in their order. In entering his number, such 
number shall be filled up consecutively, leaving no blank, 
and in names they shall include his Christian name or 
names in full as well as his surname. In the column as to 
“residence,” shall be stated the name of the street, ave¬ 
nue, alley, dr way in which his dwelling is located, or ac¬ 
cess to the same usually had, and the number of the 
house, if it has one. If it has no number, a definite de¬ 
scription by which it can easily be found, must in every 
such case be given and entered. If there be more houses 
than the one under the number so given, or if there be 
other families, tenants, or lodgers in that in which the ap¬ 
plicant resides, he must specify in which house and on 
which floor, and whether front or rear of such house, he 
resides, and the number or location of his tenement. In 
the column as to age, the years and months must be 
stated, and if the applicant is not at the time twenty-one 
years of age or more, the words “not of age,” must be in¬ 
serted in the column of remarks. In the column as to 
“term of residence,” the periods of years and months of 
his residence in the precinct and state must both be 
stated. In the column as to naturalization, the an¬ 
swer “yes,” or “no,” or “native” must be given and stated. 
If naturalized, the proper certificate or evidence must 
be produced. The column as to “date of registration” 
must be filled with the date on which the application was 
actually registered, and none other. 

3. After the answers of the applicants to the ques¬ 
tions under the head of each and every column have been 
properly entered by the registrar in his presence, and not 
until then, he must enter his signature on the same line, 
and in both of the registers in the column “signatures.” 
Signatures, when made by a mark, must be attested by 


OHIO ELECTION LAWS. 


87 


at least one subscribing witness, who shall be an elector, 
and may be examined by the registrars under oath as to 
his knowledge of the person thus attested, and in such 
case noted by the registrars on the registers as “sworn’' 
or “affirmed,” as the case may be. 

4. Each of the registrars shall enter the statement 
of the applicants in the duplicate register kept by him, 
and both shall be signed by the applicant. At the close 
of each day’s registration, the registrars shall compare 
their registers with each other, and correct any discrep¬ 
ancies in form before closing them for the day. The reg¬ 
istrations for the day shall then be ruled off by double 
lines, to be drawn by the registrars across the page in 
ink, and immediately under the last name and statement 
so registered. And the registrars shall make a note in 
writing under such double line stating, “close of the first, 
second, etc., day’s registration,” and attest the same 
by their signatures in both registers. The registers shall 
then be deposited by them at the end of each day at the 
office of the board of deputy state supervisors. 

5. All registers, when not in the official use of the 
registrars, or the judges of the elections, shall at all times 
be deposited and locked up in the office of the board of 
deputy state supervisors of such city, subject to be pro¬ 
duced for inspection at all proper times. [97 v. 202.] 

Sec. 2926;. Every male person who is a citizen of 
the United States, and a lawful resident of this state, 
and of any city wherein registration is required, and who 
is, or at the next ensuing election in such city will be 
entitled to vote therein, shall, on application, in the 
election precinct where he lawfully resides, and comply¬ 
ing with the requirements herein, be registered as a resi¬ 
dent and elector therein, but not otherwise. But no 
person shall be entitled to vote at any election in any 
such city unless he shall establish his residence by caus¬ 
ing himself to be registered in the precinct where he 
shall claim to reside, in the manner and at the time re¬ 
quired herein, nor shall any ballot be received by the 
judges at any election under any pretense whatever, 
unless the name of the person offering such ballot shall 
have been entered on both of the registers of the precinct 
in which he claims to vote, as herein provided. And it 
shall be the duty of every elector resident in any such city 
to see that his name has been so registered. But any 
elector in any such city who is prevented by sickness or 
physical disability from appearing before the registrars, 
at the place in his election precinct, on the days for gen¬ 
eral registration may apply to such registrars on either 
of said days by his affidavit, made before any judge or 
justice of the peace or notary public in such city; such 
affidavit shall contain a full and proper answer to each 
and every question under all the heads or columns re- 


By mark. 


Comparison of 
duplicate reg¬ 
isters. 

Close of day’s 
registration. 


Attestation. 


Registers; 
where depos¬ 
ited. 


Voters re¬ 
quired to 
register. 


Registration 
of persons 
disabled by 
sickness, etc. 


88 


OHIO ELECTION LAWS. 


quired for registration, and shall be transmitted to such 
registrars by a credible person, who is an elector of such 
precinct, and personally cognizant of tne sickness and 
disability of such applicant, and of the facts stated in 
such affidavit, and who shall be examined by such reg¬ 
istrars, under oath, in the premises. And if satisfied that 
such applicant is a resident of such precinct, and that he 
is then, or on the day of the next election, will be, quali¬ 
fied to vote in such precinct, such registrars shall enter 
said applicant as registered, and in the column for sig¬ 
natures enter the word “affidavit,” and transmit the affi¬ 
davit, with the registers, to the judges of election, and 
such registration shall be sufficient. [97 v. 204.] 


Certificates in 
case of re¬ 
moval or 
mistake. 


New regis¬ 
tration. 


Disposition of 
such certifi¬ 
cates. 


Sec. 2926^. Any elector who, being the head of a 
family, and duly registered in the precinct where he then 
resided, shall remove into another precinct in the same 
city, or any elector, not the head of a family, duly regis¬ 
tered in a precinct of a ward where he then resided, who 
shall remove into another precinct in the same ward, 
may, on any of the days of general registration, apply in 
person to the registrars of his previous precinct for a 
“removal certificate,” and the same shall be made and 
signed by them, certifying his said registration, with all 
its particulars, as shown on their registers, but adding his 
statement of the new residence and precinct to which he 
has removed. They shall then immediately cancel his 
registration on their registers by drawing double lines in 
ink through the same, and noting his “removal” and the 
ward and precinct to which he has removed in the col¬ 
umn of “remarks,” but such note must be subscribed by 
such applicant. And when by mistake a qualified elector 
has caused himself to be registered in a precinct which 
was not his place of residence, the registrars therein, on 
full and satisfactory proof that such error was committed 
by mistake, and without fraud or any unlawful intent, 
may, on his personal application and proof of his true 
residence, give him a similar certificate as in case of a 
removal, and cancel his registration in the same manner 
on their registers. And the certificates, in case of a re¬ 
moval or mistake, so granted, shall, if presented on any 
of the days for general registration, or between the hours 
of two-thirty and five-thirty o’clock on Monday, the day 
preceding the November election, to the registrars of the 
precinct where such person so certified lawfully resides, 
and proper proof thereof made to them, shall entitle such 
persons to be registered therein. But in all cases where 
registiation is so granted upon certificates from the reg¬ 
istrars of other precincts, or by order of the board of 
deputy state supervisors as hereinafter provided, such 
certificates or order must be retained by the registrars 
to whom it is presented, and filed by them in the office 
of the board of deputy state supervisors and preserved. 


OHIO ELECTION LAWS. 


89 


But no such certificate or transfer shall be allowed or be 
of any validity unless certified and signed by both of the 
registrars of the precinct in which the registration was 
first made. [97 v. 204.] 

Sec. 2926/. On Monday in the week preceding the 
November election, annually, the registrars of each and 
every election precinct shall make out and deliver to the 
board of deputy state supervisors in such city, at their 
office, a true list of the names of all the electors regis¬ 
tered by them in their respective precincts, arranged in 
the alphabetical order of their surname, followed by their 
full Christian names and residences, and having the reg¬ 
istry number of each prefixed. This list shall be under 
the following heading, namely: “List of electors regis¬ 
tered in ward-, precinct-, of the city of-; on 

the-days of-, nineteen hundred and-. No.-, 

-name,-residence.” And the following certifi¬ 
cate shall be annexed at the end of the list and signed 
by both of the registrars of the several precincts, namely: 

“We, the undersigned registrars of electors in ward 

-precinct-, of the city of-, in the county 

of-, and state of Ohio, do certify that the foregoing 

list is a true and correct copy of the names, residences, and 
registry numbers on the registers of said precinct of all 
persons who have been registered by us as residents, and 

qualified electors in the said precinct, this-day of- 

in the year nineteen hundred and-.” And it shall be 

the duty of the board of deputy state supervisors imme¬ 
diately to cause at least three copies of the list for each 
and every precinct in such city, respectively to be printed 
on broadside sheets of thick paper, and in plain type, two 
of which lists they shall cause to be securely posted up 
at the polling place in such precinct, three days or more 
before the November election annually, and also 
before every other election. The third copy from 
each precinct shall be retained by the board 
of deputy state supervisors and annually bound 
together in a volume and preserved in their of¬ 
fice, and they shall cause at least fifty additional copies 
of such list, respectively, to be printed in pamphlet form 
for immediate distribution. Said registrars, after making 
and returning such lists to the board of deputy state su¬ 
pervisors shall make out in books, to be prepared and 
furnished to them by such board, duplicate lists of all 
the registered electors in their precinct, arranged alpha¬ 
betically in the order of their surnames, followed by their 
full Christian names, ages, and residences as registered, 
and the registry number of each prefixed. The books to 
be prepared for this purpose shall be ruled in columns, 
with printed headings, as follows, namely: Registry 

number-, name-, age-, residence-, voted 

-, remarks. These lists shall be carefully compared 


Transfers. 


Annual regis¬ 
tration lists. 


Heading. 


Certificate. 


Posting of 
lists. 

Pound volume 
of lists. 


Pamphlets. 


Duplicate 
registration 
lists for use 
at polls. 


Comparison. 






















90 


OHIO ELECTION LAWS. 


Meeting for 
granting or 
receiving cer¬ 
tificates of 
removal or 
mistake. 


Correction. 


Noting of 
changes. 


Registration 
by order of 
board of 
deputy state 
supervisors. 

Such orders, 
when made. 


Meeting on 
evening prior 
to election. 


Organization. 


by the registrars of each precinct with the registers 
thereof, and with each other, and then certified by them 
in the form prescribed for the lists returned to the board 
of deputy state supervisors, and at the opening of the 
polls at the next succeeding election, shall be thep pro¬ 
duced by them for the use of the judges, as herein pro¬ 
vided. [97 V. 205.] 

Sec. 2926m. On Monday, the day preceding the No¬ 
vember election in every year, the registrars of each and 
every election precinct aforesaid, shall meet at two-thirty 
o’clock in the afternoon, at the polling place appointed 
for holding elections therein, and there remain in session 
until five-thirty o’clock, in the evening, central standard 
time. At this meeting, they shall receive and act upon 
any application for either granting or receiving certifi¬ 
cates of removal or correction of mistakes as herein pro¬ 
vided for; and if any material error or mistake in the de¬ 
scription of any elector in such precinct has been discov¬ 
ered, he may appear at this meeting, and on good cause 
being shown, the registrars may then correct the same. 
But any change in the registers which shall be allowed 
by the registrars at such meeting, must immediately be 
noted by them in the registers and also in the books 
containing the duplicate lists for the use of the judges as 
above provided, and if .not then and there so noted, shall 
be wholly null, and disregarded by the judges of election. 
At this meeting, also, and subject to the same conditions, 
any qualified elector of such precinct may be registered 
who shall appear and present an order requiring it, 
signed by not less than three members of the board of 
deputy state supervisors; provided, that no such order 
shall be made or considered by such board of deputy 
state supervisors, except in a session of said board to be 
held in its office on Saturday and Monday preceding the 
November election in every year, and during such hours 
as may be prescribed by the board therefor, ifor unless 
the applicant shall appear before them personally at such 
sessions, after the last day of general registration, and 
prove to their satisfaction that he could not, by due dili¬ 
gence, have appeared before the registrars in his proper 
precinct on either of the days appointed herein, and shall 
furthermore comply with all the prescribed requirements 
for general registration. [97 v. 206.] 

Sec. 2926;^. On Monday, the day preceding the No¬ 
vember election in every year, the registrars, as judges 
of election, and the other two judges of election in each 
precinct, shall meet at the polling place appointed for 
holding the election therein at seven o’clock in the even¬ 
ing punctually, and then and there organize as a board 
by electing one of their number, by ballot, as chairman. 
If they fail so to elect a chairman within ten minutes. 


OHIO ELECTION LAWS. 


91 


they shall immediately choose a chairman by drawing 
lots. They shall at this meeting make all necessary ar¬ 
rangements for securing the ballot-boxes and the proper 
accommodations for themselves and the clerks of elec¬ 
tions in receiving and counting ballots at the ensuing 
election, and also, if requested, for the witnesses and 
challengers designated by each political party to be ad¬ 
mitted within the polling rooms as follows, namely: At 
every election the executive or principal committee of 
each political party presenting one or more candidates 
for suffrage, may, by writing, certified by its chairman 
and secretary, and presented to the judges of election at 
or before this meeting, designate not more than one elec¬ 
tor of such city as witness, and one other elector as a 
challenger, to attend at such election in behalf of such 
party. It shall be the duty of the judges of election in 
each and every ward or election precinct to admit the 
witnesses and challengers so accredited, into the polling 
room with themselves and the clerks at the ensuing elec¬ 
tion, and to place them so near to themselves and the 
clerks, that they can fully and conveniently watch every 
proceeding of the judges and clerks from the time of 
opening to the closing of-the polls; no other person ex¬ 
cept the witnesses and the judges and clerks of the elec¬ 
tion shall be admitted to said polling place after the clos¬ 
ing of the polls until the counting, certifying and signing 
of the final returns of such election have been completed. 
Before opening the polls the ballot-boxes shall be opened, 
if requested by a witness, so that the inside and the locks 
and keys may be inspected by them. No ballot-box, nor 
any ballot when taken from it for counting, shall be re¬ 
moved or screened from the constant sight of such wit¬ 
nesses until the counting has been closed and the certifi¬ 
cate of the final returns completed and signed by the 
judges. The challengers so designated shall be so placed 
that they can fully see and meet each and every person 
offering a ballot to the judges or either of them. And 
at the meeting on the evening of a day preceding an 
election, any elector may appear and challenge the vote 
of any person named in the register of such precinct, and 
the word “challenged” shall immediately be entered by 
the judges opposite the name of such person on both of 
the duplicate lists of electors, and if he shall offer to vote 
at any election, the judges shall, upon such challenge, 
examine him under oath as to his qualifications as an 
elector in such precinct. [97 v. 207.] 

0 

Sec. 2g26o. On the day of the November election in 
every year, and of any other election, the polls in each 
and every precinct in cities in which registration is re¬ 
quired, shall be opened by the judges of elections ap¬ 
pointed and organized as in this act provided, by proc¬ 
lamation made by the chairman, at the hour of five-thirty 


Securing bal¬ 
lot-boxes and 
accommoda¬ 
tions, etc. 


Witnesses and 
challengers. 


Their admis¬ 
sion to polling 
place. 


Who may be 
present dur¬ 
ing count, 
etc., of votes. 


Inspection of 
ballot-boxes 
before open¬ 
ing of polls. 

Same to be in 
plain view. 


Rights of 
challengers. 


Challenge of 
lists. 


Opening and 
close of polls. 


92 


OHIO ELECTION LAWS. 


Duty of regis¬ 
trars. 


Location of 
ballot-box. 


Challenges. 


o’clock in the morning, standard time, and shall be 
closed by proclamation, at the hour of four o’clock, 
standard time, in the afternoon in cities which have now 
or may hereafter have a population of three hundred 
thousand or more as ascertained in the manner provided 
in section 2926a, and at the hour of five-thirty o’clock in 
the afternoon in all other cities in which registration is 
required. 

The registrars acting as judges shall punctually, at 
the hour of opening the polls, attend and produce, at the 
polling places in the several precincts, the registers, affi¬ 
davits of sick or absent electors and accompanying pa¬ 
pers, and also the duplicate certified lists of electors, 
prepared by them as herein required. The chairman of 
the board shall at once designate two members of the 
board of judges of different political parties, each to hold 
and to have charge of one of the said duplicate lists; no 
ballot shall be deposited in the ballot-box, until the name 
of the elector offering it, shall first have been stated by 
him, and announced aloud by the judge holding the bal¬ 
lot, nor until it shall have been found on both such lists, 
and so announced by both of the judges holding such 
lists. Every ballot must be put in the ballot-box, by the 
judge who receives it from the elector; and such judge 
and the ballot-box must always be so placed, and the 
ballot be so held forth by the judge, that it shall be in 
full view of the elector, until actually put into the box. 
For any wilful violation or evasion of this rule by any 
such judge, he shall at once be expelled from his office by 
the other three judges, and the vacancy filled in the man¬ 
ner provided by section 2926^, and immediately upon the 
depositing of the ballot in the box, each of the said judges 
shall check off the name of such elector on the duplicate 
list, held by him, by placing a “V” distinctly with ink in 
the column under the word “voted,” and in the line with 
the elector’s name; provided, that it shall be unlawful 
for any judges or clerks of election, or of any of the wit¬ 
nesses or challengers, admitted into the polling rooms at 
the election, at any time while the polls are open, to have 
in his possession, or to distribute, or to give out any bal¬ 
lot or ticket to any person on any pretense, nor during 
the counting or certifying of the votes, to have any bal¬ 
lot or ticket in his possession or control, except in the 
proper discharge of his duty, in receiving, counting or 
canvassing the votes as required by law; but this pro¬ 
hibition shall not extend to the lawful exercise by any 
judge or clerk of elections, or witness, or challenger 
aforesaid, of his individual right to vote at such election. 
Any registered elector, when offering to vote, may never¬ 
theless be challenged by an elector as a nonresident, or 
for any of the causes allowed by law, and he shall be 
sworn, and the same proceedings thereupon had as in 
other cases; in all cases of challenge, the judges holding 


OHIO ELECTION LAWS. 


93 


the duplicate lists aforesaid, shall note the word “sworn” 
opposite the name of the person challenged. And except 
as otherwise required herein, the judge of elections ap¬ 
pointed, as herein provided, shall have the same powers 
and discharge all the duties conferred or required by the 
general laws of the state regulating elections. But ex¬ 
cept where some authority or duty is herein allotted to 
one of said judges, no order or action on their part shall 
be of any validity without the concurrence of three mem¬ 
bers of said board of judges in any precinct. [97 v. 208.] 

Sec. 2926/>. Immediately upon the close of the polls 
at any and every election in such cities, the number of 
electors entered and shown on the poll-books as having 
voted, shall be first certified therein and signed by the 
board of judges and the clerks; and before any other 
or further proceedings the chairman of the board shall 
make a proclamation in a loud voice in the street outside 
of the polling room, stating the number of voters s-'^ 
shown and certified on the poll-books. The number of 
electors who shall have been checked on each of the du¬ 
plicate lists as having voted, shall next be counted and 
compared each with the other, and with the number so 
shown in the poll-books, and the result shall be at once 
certified in the poll-book and signed by the judges. And 
in counting those who are checked, the word “no” shall 
at the same time be entered in ink in the same column 
opposite the name of each and every elector who is not 
so checked off. In all cases of disagreement or doubt on 
any question during the election or counting, the judges 
may refer to the original registers, and they shall be con¬ 
clusive when relevant. The ballot-box shall then, with¬ 
out any adjournment or delay be opened, and without 
opening any ballot or ascertaining its contents, the num¬ 
ber of ballots shall first be counted. If the number of 
ballots exceeds the number of names on the poll-books, 
the ballots shall be replaced in the box, and one of the 
judges shall, with his back to the box and without seeing 
it, draw out, without showing them, and destroy a num¬ 
ber of ballots equal to the excess. And, if during the 
counting of the ballots or at the conclusion of the count¬ 
ing, an excess of ballots be discovered, all the ballots 
shall be returned to the box, and after being thoroughly 
mingled the excess shall in the manner directed above, 
be drawn out and destroyed, and the count corrected ac¬ 
cordingly. In all cases where ballots have thus been, 
drawn out and destroyed, a minute of the number de¬ 
stroyed and the reason, shall be made on the tally-sheet. 
The count shall then commence and proceed without 
interruption or delay, and in no case shall cease until it 
is cornpleted, proclaimed, and the final result certified as 
herein required. As soon as the ballots have been 
counted and tallied, and the clerks have estimated the 


Certificate and 
proclamation 
of total vote 
cast. 


Electors 
checked on 
duplicate lists. 


Questions of 
doubt. 


Opening of 
ballot-box 
and counting 
of ballots. 


Excess of 
ballots to be 
destroyed. 


Minute of des¬ 
troyed ballots. 


Completion of 
count. 


94 


OHIO ELECTION LAWS. 


Proclamation 
of result. 


Certificate of 
result for 
board of 
deputy state 
supervisors. 


Duty of 
judges. 


Abstracting 

result. 


Signing of 
tally-sheets. 


Numbers; 
how ex¬ 
pressed. 


number tallied for each candidate, the chairman of the 
board shall make a second proclamation in the same man¬ 
ner as the first, stating the whole number of votes cast, 
and the number counted and tallied for each candidate; 
and this proclamation shall be prima facie proof of the 
result. The judges and clerks in every precinct shall at 
the same time make out and certify a summary state¬ 
ment of the number of votes cast therein, and the num¬ 
ber counted and tallied for each candidate as announced 
in the proclamation, and dispatch the same without delay 
by a special messenger, and in a sealed envelope to the 
board of deputy state supervisors at their office. The 
judge of elections shall also, as soon as the result has 
been proclaimed, announce it to the board of deputy state 
supervisors from the nearest police station, or from a 
telegraph or telephone station if nearest to them. At the 
request of any of the persons designated to witness the 
counting of the ballots, the judges and clerks of elections 
shall also sign and deliver to him a certificate containing 
the same statements as required to be made to the board 
of deputy state supervisors. After completing the count¬ 
ing and enumeration of the ballots, and proclaiming and 
issuing the statement of the result, as hereinbefore di¬ 
rected, the number of votes for each person shall be set 
down in the tally-sheets, under the inspection of the 
judges and certified and signed by them in manner and 
form as prescribed by law. In all certificates the number 
of votes shall be fully written out in words, and also 
stated in figures. [97 v. 209.] 


Session of 
board of 
deputy state 
supervisors 
on day of 
election. 


Reports of 
election. 


Assignment 
of police. 


Certificate in 
case of in¬ 
voluntary 
mistake in 
registering. 


Notice to 
registrars. 


Sec. 2g26q. The board of deputy state supervisors 
shall convene in session at their office at five-thirty 
o’clock a. m. on the day of every election in such cities, 
and remain in session continuously until the statements 
giving the result of the election, as required above, shall 
have been received from every precinct in such city. The 
board shall have power to employ messengers, to use the 
telephone and telegraph, direct the police force of the 
city, and use any other lawful means to secure prompt 
and correct reports from the election judges, as above 
required. The police authorities shall assign at least one 
policeman to do duty in each precinct on every day of 
an election. The board shall also have authority during 
said day, in case any elector through no mistake or negli¬ 
gence of his own, shall have been registered in the wrong 
precinct, to issue to such elector a certificate showing 
such fact, and such certificate when presented by such 
elector to the proper registrars and judges, shall entitle 
said elector to vote in his proper precinct, and such mis¬ 
take shall be noted on the register. When any such cer¬ 
tificate is issued, the board of deputy state supervisors 
shall immediately notify the registrars' and judges of 
election of the precinct wherein such elector was so im- 


OHIO ELECTION LAWS. 


95 


properly registered of the issuing of such certificate, 
whereupon §uch erroneous registration shall be cancelled 
by them, a proper note thereof being made in the column 
for “remarks.” [97 v. 210.] 

Sec. 2926r. The judges of elections, after having 
set down the number of votes for each person, and cer¬ 
tified and signed the same in the poll-books and tally- 
sheets in the manner prescribed by law, shall put under 
cover one of the poll-books and tally-sheets, seal the same, 
and direct it to the clerk of the court of common pleas; 
the other poll-book and tally-sheet shall be sealed in like 
manner and directed to the board of deputy state super¬ 
visors; they shall then destroy all the ballots so counted 
or found in the ballot-box by burning the same complete¬ 
ly; the judges, before separating, shall designate two of 
their number as messengers (by lot if they cannot agree), 
one of whom shall personally and within twenty hours 
from the close of the polls, deliver to the clerk of the 
court of common pleas the poll-book and tally-sheet so 
addressed to the said clerk, and the other shall person¬ 
ally and within twenty hours, as above, deliver the other 
poll-book and tally-sheet to the board of deputy state su¬ 
pervisors at their office; the chairman of the precinct 
board of elections shall safely return the registers, the 
duplicate lists made therefrom, the ballot-boxes and keys 
thereof, and all affidavits or papers accompanying them 
to the board of deputy state supervisors or the clerk, at 
their office within twenty hours; and the judges and 
clerks of elections shall not adjourn, disperse, nor cease 
from proceeding as hereinbefore required, until all the 
said requirements have been actually executed and com¬ 
pleted in manner and from as prescribed by law. [97 v. 
211.] 

Sec. 2926^. The county board of deputy state su¬ 
pervisors, on demand of any candidate, shall compare 
the returns as received by the county clerk from the 
precincts in any city with the certified statement sent by 
the judges of elections to the board of deputy state su¬ 
pervisors as herein required, and if found to disagree, 
the number certified in the statement last mentioned 
shall be taken as correct and counted, unless proof of 
their returns received by the county clerk, satisfactory 
to the board of deputy state supervisors, shall be made 
by the judges, clerks, and witnesses of the counting. 
And for the purpose of adjusting such discrepancy, and 
determining the true result of the election, the board of 
deputy state supervisors shall also summon v^itnesses 
and examine them under oath, as to the proceedings and 
proclamations at such election in any precinct, and may 
also view and consider as part of the record, the poll- 
books and tally-sheets, registers, and duplicate lists made 


and judges of 
granting of 
certificate and 
cancellation 
of erroneous 
registration. 


Disposition of 
poll-books and 
tally-sheets. 


Ballots to be 
burned. 


Return of 
registers, etc. 


Completion of 
work without 
adjournment. 


Adjustment of 
discrepancies 
between re¬ 
turns to clerk 
and that re¬ 
ceived by 
board of 
deputy state 
supervisors. 


96 


OHIO ELECTION LAWS. 


Salaries of 
members and 
clerk of 
board of 
deputy state 
supervisors in 
counties con¬ 
taining regis¬ 
tration cities. 


Minimum' 

compensation. 


Maximum 

compensation. 


How addi¬ 
tional com¬ 
pensation 
paid. 


Compensation 
of registrars, 
judges and 
clerks. 


therefrom, and deposited as herein provided; but such 
inquiry shall be limited exclusively to determining which 
shall be adopted, namely: The returns as received by 
the county clerk, or the certified statement as received 
by the board of deputy state supervisors, as proof of the 
true vote at the close of the polls in any precinct. [97 
V. 211.] 

Sec. 2926^. Each deputy state supervisor, in coun¬ 
ties containing cities in which registration is required, 
shall, in addition to the compensation provided in section 
4 of the supervisory election law, section (2966-4), re¬ 
ceive for his services the sum of five dollars for each 
election precinct in such city; and the clerk in such coun¬ 
ties in addition to his compensation, so provided, shall 
receive for his services the sum of six dollars for each 
election precinct in such city; and the compensation so 
allowed such officers during any year, shall be deter¬ 
mined by the number of precincts in such city at the No¬ 
vember election of the next preceding year. Provided 
that the compensation paid to each of said deputy state 
supervisors under this section, shall, in no case, be less 
than one hundred dollars per annum, and that the com¬ 
pensation paid to the clerk under this section, shall, in 
no case, be less than one hundred and twenty-five dollars 
per annum; and provided, further, that, in such counties, 
the whole amount of annual compensation paid to each 
deputy state supervisor and clerk under this section and 
under section 4 of the supervisory election law, section 
(2966-4) shall not exceed, in any one year, the following: 
In counties containing cities having a population of three 
hundred thousand or more, as ascertained in the manner 
provided in section 2926a, each deputy state supervisor, 
eighteen hundred dollars, and the clerk, twenty-five hun¬ 
dred dollars; in counties containing cities having a popu¬ 
lation of seventy-five thousand and less than three hun¬ 
dred thousand, each deputy state supervisor, fifteen hun¬ 
dred dollars and the clerk, two thousand dollars; in coun¬ 
ties containing cities having a population of fifty thou¬ 
sand and less than seventy-five thousand, each deputy 
state supervisor, seven hundred fifty dollars, and the 
clerk, nine hundred dollars; in counties containing cities 
having a population of twenty-five thousand and less 
^han fifty thousand, each deputy state supervisor, four 
hundred dollars, and the clerk, five hundred dollars; in 
all other counties containing such registration cities, each 
deputy state supervisor, three hundred dollars, and the 
clerk, four hundred dollars. The additional compensa¬ 
tion provided by this section shall be paid monthly from 
the city treasury, on warrants drawn by the city auditor 
upon vouchers signed by the chief deputy and clerk of 
the board. The registrars of each election precinct shall 
be allowed and paid four dollars per day, and no more, 


OHIO ELECTION LAWS. 


97 


nor for more than six days in any one election, for their 
services as registrars. In cities containing a population 
of thirty thousand or more the judges of election, includ¬ 
ing the registrars as judges, and the clerks of election, 
shall each be allowed and paid five dollars for each elec¬ 
tion at which they serve, and no more either from the 
city or county, and in other cities they shall each be al¬ 
lowed and paid three dollars for each election at which 
they serve, and no more, either from the city or county. 
But no registrar, judge or clerk shall be entitled to the 
compensation so fixed except upon the allowance and 
order of the board of deputy state supervisors, made at 
a joint session, certifying that each has fully performed 
his duty, according to law as such, and stating the num¬ 
ber of days’ service actually performed by each, and 
signed by the chief deputy and clerk of the board to the 
city or county auditor. But for all November elections 
the county in which such city is located shall pay the 
general expenses of such election other than the expenses 
of registration; and such allowance and order for such ex¬ 
penses and compensation to such judges and clerk shall be 
signed by the chief deputy and clerk of such board to the 
county auditor of such county, who shall issue his war¬ 
rants upon the county treasury for such amounts. [97 v. 
212.] 

Sec. 2g26u. Any member of the board of deputy 
state supervisors or the clerk of the board, may, for any 
violation or neglect of the duties prescribed herein, or 
other good and sufficient cause, be removed at any time 
by the state supervisor of elections, and the vacancy shall 
be filled as hereinafter provided. [97 v. 213.] 

Sec. 29267/. The preceding provisions shall extend 
to any special election authorized by law to be held in 
any registration city, as follows: 

I. There shall be no general registration as pro¬ 
vided in sections 2926/1 and 2926/, but on Friday and Sat¬ 
urday in the second week before any such election, the 
registrars for each precinct shall obtain the last registers 
made by them from the board of deputy state super¬ 
visors, rmd attend at the place in such precinct appointed 
for the registration of electors between the hours 
herein directed for the purpose, and receive appli¬ 
cations for registration by such qualified electors 
residing therein as are not already registered, 
and if qualified, shall enter the same in the 
registers, subject to the same rules and conditions as 
herein prescribed as to general registration, and they 
shall deliver certificates of cancellation to any registered 
elector who is not the head of a family, and who may 
apply to them to cancel his registration on account of his 
removal from the precinct in which he was registered to 


General ex¬ 
penses of 
election to be 
paid by 
county. 


Removal of 
jlerk and 
members of 
board. 


Special elec¬ 
tions. 


Registration 
for such 
elections. 


Certificates 
of cancella¬ 
tion. 


7 —E. L. 


98 


OHIO ELECTION LAWS. 


Affidavits of 
sick and dis¬ 
abled electors. 


Additions to 
or changes in 
registers. 


Organization 
of board of 
judges. 


Poll-book; 
how ad¬ 
dressed and 
delivered. 


Board of can¬ 
vassers, 
duties of. 


New or 
altered wards 
and precincts. 


another precinct, and they shall receive such certificate 
from any elector presenting the same and allow him to 
register, if he be otherwise qualified, in the precinct to 
which he has removed; provided that on the day of elec¬ 
tion he will be an actual resident in such ward for twenty 
days immediately preceding.such election; and they shall 
receive affidavits of sick and disabled electors, as required 
in section 2926?, and on such days and at their meeting on 
the evening preceding such election, which shall be held 
between the hours of five and seven o’clock in the after¬ 
noon, they shall also perform the same duties prescribed 
in section 2926W. The board of deputy state supervisors 
may, during the week previous to such election, issue or¬ 
ders for registration, which orders, if presented at the 
meeting for organization, held the evening before such 
election, shall be received by the registrars and be dis¬ 
posed of as required in section 2926m. And any addi¬ 
tions or changes then entered by them in their registers, 
shall also be made in the duplicate list of voters, which, 
after being carefully compared with the registers and 
with' each other shall be produ-ced by them, together 
with the registers of such precincts at the opening of the 
polls on the day of election, and then be used, applied 
and disposed of by the judges in all respects as directed 
in section 29600. 

2. At seven o’clock in the evening preceding any 
such election the registrars for each and every precinct, 
and the other two judges of election shall meet at the 
polling place therein appointed for such election, and 
shall then and there organize as a board of judges and 
perform the other duties prescribed in section 2926W 
and in the manner therein directed. 

3. The poll-book required by section 2926^ to be 
delivered by the judges of election to the clerk of the 
court of common pleas, shall be addressed and delivered 
by them to the auditor of such city. 

4. The board of canvassers of elections in each such 
city shall be composed of the board of deputy state super¬ 
visors and the city auditor of such city. Within four 
days after such election in such city, the said “board of 
canvassers” shall meet at the office of the board of 
deputy state supervisors at ten o’clock in the forenoon, 
at the call of the chief deputy state supervisor, and or¬ 
ganize by electing a chairman and secretary; the returns 
received by the city auditor shall then be produced by 
him and opened and canvassed by the board of can¬ 
vassers as prescribed in section 2926r and by law. 

5. Whenever a new ward has been created, or the 
boundaries of any ward or the precincts have been 
changed after the general registration, and before any 
special election following, it shall be the duty of the 
board of deputy state supervisors to appoint election of¬ 
ficers, rearrange the voting precincts, provide for registra- 


OHIO ELECTION LAWS. 


99 


tion of electors not already registered, make new regis¬ 
ters, and certify the registration of registered electors 
whose voting precinct has been changed and make all 
necessary arrangements and regulations for holding 
elections in such new or altered wards and. precincts; 
provided, that the right of any registered elector to vote 
shall not be prejudiced by any error in making out the 
certified lists of registered voters. [97 v. 213.] 

Sec. 2926W. I. Any registrar of electors, or other 
registering officer, who falsely or fraudulently enters or 
consents to the entry in any register or duplicate list of 
the electors in any precinct, of the name of any person 
whom he knows or has good reason to believe is not a 
resident or qualified voter in such precinct, or who on 
request, refuses, neglects or hinders the registration of 
any person, who is a resident and qualified voter in such 
precinct, and offers to comply with the requirements of 
the law for that purpose, shall be fined not less than fifty 
dollars nor more than five hundred dollars, and impris¬ 
oned not less than thirty days nor more than six months, 
or both. 


2. Whoever by any gift, promise, or offer, or by 
coercion, intimidation, or other unlawful means, induces 
or influences, or attempts to induce or influence any reg¬ 
istrar of electors or other registering officer, to enter in 

I the register or duplicate list of electors in any precinct, 

' the name of any person, real or fictitious, living or dead, 
who is not a resident or qualified elector therein, or who 
shall fraudulently induce any registrar or registering of¬ 
ficer to refuse registration in a precinct to any person 
lawfully entitled to be registered as an elector therein, 
or unlawfully prevent, hinder or delay any registrar or 
registering officer from registering any person lawfully 
entitled to be registered, or to induce or influence such 
registrar or registering officer to violate or refuse or 
neglect the execution of any 'rule or duty touching his 
office and prescribed by law, shall be imprisoned in the 
penitentiary not less than one year nor more than three 
years. 

3. Whoever falsely or fraudulently obtains or at¬ 
tempts to obtain registration, as an elector, in any precinct 
in which he is not a resident and qualified elector, shall 
be imprisoned in the penitentiary not less than one year 
nor more than three years. 

4. Whoever fraudulently induces or attempts to in¬ 
duce, aid or abet any person to obtain or apply for regis¬ 
tration as an elector in any precinct where such person 
is not a resident and qualified elector, shall be imprisoned 
in the penitentiary not less than one year nor more than 
three years. 


Permitting 
false regis¬ 
tration. 


Refusing 

registration. 


Penalty. 


Inducing 
same, unlaw¬ 
fully. 




Inducing neg¬ 
lect of duty, 
penalty. 


False regis¬ 
tration, 
penalty. 


Inducing 
same; penalty. 




100 


OHIO ELECTION LAWS. 


Obtaining 
registration 
by personat¬ 
ing another; 
penalty. 


Hindering 

registration. 


Penalty. 


Producing 
unlawful eras¬ 
ure in regis¬ 
tration lists; 
penalty. 


Distributing 
ballots inside 
polling room. 


Penalty. 


Permitting 
ballots in box 
at opening of 
polls, etc.; 
penalty. 


Perjury; 

penalty. 


5. Whoever falsely personates, or assumes the 
name of any other person, real or fictitious, living or dead, in 
obtaining or attempting to obtain registration in such 
assumed name as an elector in any precinct, or falsely 
obtains or applies for registration as an elector in any 
name other than his own, or fraudulently aids or abets 
any other person in committing or attempting to commit 
either of said offenses, shall be imprisoned in the pen¬ 
itentiary not less than two years nor more than five 
years. 

6. Whoever fraudulently or by any unlawful means 
prevents, hinders or delays, or attempts to prevent, hin¬ 
der or delay any elector from applying for registration 
as an elector in the precinct where such elector resides 
and is entitled to vote, with intent to deprive 'such elector 
of his right to vote, shall be imprisoned in the county 
jail not less than thirty days nor more than six months, 
and fined not less than fifty dollars nor more than five 
hundred dollars. 

7. Whoever by any false statement or other unlaw¬ 
ful means, procures, or aids or attempts to procure the 
erasure or striking out of the register or duplicate list 
in any precinct of the name of any elector who is a resi¬ 
dent and qualified elector therein, shall be imprisoned 
in the penitentiary not less than one year nor more than 
three years. 

8. Any judge or clerk of election, witness, challen¬ 
ger, or other person whatever who is admitted into the 
polling room at any election, and who at any time from 
the opening of the polls until the ballots are finally 
counted and certified, and while in said rooms distributes 
or gives out to any person, on any pretense, or brings 
into said room, or has in his possession or control any 
ballot or ticket except that which he shall offer to the 
judges as his own vote if an elector, shall be fined not less 
than twenty-five dollars nor more than five hundred dol¬ 
lars, or imprisoned in the county jail not less than 
thirty days nor more than one year. 

9. Any judge of election who shall permit any bal¬ 
lot or ticket to remain or be in the ballot-box at the 
opening of the polls, or be put into the ballot-box at any 
time during the receiving, counting, and certifying the 
ballots, except when lawfully presented by an elector in 
the course of an election, shall be imprisoned in the 
penitentiary not less than two years nor more than five 
years. 

10. Whoever shall be guilty of wilful and corrupt 
false swearing or affirmation, upon any examination, by 
or before any registrar or registering officer authorized 
by this act, shall be guilty of perjury, and imprisoned 
in the penitentiary not less than one year nor more than 
five years. 


OHIO ELECTION LAWS. 


101 


11. Any member of the board of deputy state su¬ 
pervisors or clerk thereof, or any registrar of electors 
or judge or clerk of elections in any city who shall wil¬ 
fully refuse and neglect to execute and perform any 
duty prescribed by law to be done or performed by him, 
shall be fined in any sum not less than fifty dollars nor 
more than five hundred dollars, to be recovered in the 
name and behalf of such city, or imprisoned in the county 
jail not less than thirty days nor more than one year, 
or both, in the discretion of the court. 

12. Whoever makes, issues, utters or publishes any 
false or counterfeit certificate of registration authorized 
by this act to be granted by registrars of electors and 
boards of deputy state supervisors, or fraudulently alters 
any such certificate granted by any of said officers, or 
who makes, issues, utters or publishes any false certifi¬ 
cate, statement or proclamation of the result of an elec¬ 
tion, knowing such certificate, statement or proclama¬ 
tion to be false, or who wilfully destroys, defaces or con¬ 
ceals any certificate or statement of the result of an elec¬ 
tion entrusted to him or his care for delivery, shall be 
imprisoned in the penitentiary not less than two years 
nor more than five years. 

13. Every person who may act as registrar, judge 
or clerk of election without having received his certificate 
of appointment from the board of deputy state super¬ 
visors, except the judges and clerks appointed in the 
manner herein provided in section 2926^, by the judges 
to fill a vacancy caused by absence or removal, and every 
such person so appointed by the judges who shall act 
without notice thereof having been sent to the board of 
deputy state supervisors and the judges who may make 
such appointment and neglect and fail to send notice 
thereof to the board of deputy state supervisors, and 
every person to whom such notice for the board may be 
given for delivery to the board who shall neglect or fail 
to deliver the same as promptly as possible shall be 
guilty of a misdemeanor, and shall be fined not more than 
one hundred dollars or less than twenty-five dollars, or 
imprisoned thirty days, or both fined and imprisoned. 
[97 V. 214.] 

OPENING AND CLOSING OF POLLS. 

Sec. 2929. The polls shall be opened at five-thirty 
o’clock central standard time in the forenoon, and kept 
open up to and closed at five-thirty o’clock central stand¬ 
ard time in the afternoon of the same day except as 
otherwise provided in section 29260. [97 v. 217.] 

Sec. 2937. Immediately before proclamation is 
made of the opening of the polls, the judges,^ or one of 
them, in the presence and under the direction of the 


Neglect of 
duty by offi¬ 
cers of elec¬ 
tion ; penalty. 


Counterfeiting 

registration 

certificates, 

etc. 


Penalty. 


Acting as 
registrar, 
judge or 
clerk without 
certificate of 
appointment. 


Acting as 
substitute 
judge without 
notice, etc. 


Neglect to 
forward no¬ 
tice, etc. 

Penalty. 


When polls to 
be opened and 
closed. 


Judges to 
open ballot- 
boxes in 
presence of 
spectators. 


102 


OHIO ELECTION LAWS. 


To prevent 
loitering 
within seven¬ 
ty-five feet of 
polls. 


Penalty. 


When judges 
may order 
persons as¬ 
sembled at 
precinct to 
disperse, and 
penalty. 


others, and in the presence of the people there assembled, 
shall Open the ballot-boxes, and turn them upside down, 
so as to empty them of anything that may be in^ them, 
and offer to such persons as may desire it the privilege 
of examining the same in the presence of the judges, and 
then lock them; and the boxes shall not be again opened 
till the polls are closed, and the counting of the ballots 
begins. [67 v. 50, § 3.] 

LOITERING WITHIN SEVENTY-FIVE FEET OF 
POLLS. 

Sec. 2938. At all elections held within boundaries 
of any municipal corporation during the receiving and 
counting of the ballots no person shall congregate or 
loiter upon the streets,' alleys and sidewalks within 
seventy-five feet of the polling place of any election, or 
in any manner hinder or delay any elector in reaching 
or leaving the place fixed for casting his ballot, or 
within such distance of seventy-five feet to give or to 
tender or exhibit any ballot or ticket to any person other 
than a judge of election, or to exhibit any ticket or ballot 
which he intends to cast, or solicit or in any way at¬ 
tempt to influence any elector in casting his vote. In 
the discharge of their duties, the judges of election may, 
if necessary, appoint and require any elector or electors 
to aid them in making known their orders or directions 
and in enforcing the peace. The judges of election or 
any of them may order the arrest of any person violat¬ 
ing this section, but such arrest shall not prevent such 
person from voting if he is entitled to do so. The sher¬ 
iff, and all constables, policemen, and officers of the 
peace, and all bystanders at any election, shall immedi¬ 
ately obey and aid in enforcing any and every lawful 
order made by the judges at any election in execution 
of the provisions of this section. Any persons wilfully 
refusing or neglecting, to perform any of the duties of 
this section prescribed, shall be fined not less than five 
dollars nor more than one thousand dollars, or impris¬ 
oned in the county jail not less than five days nor more 
than thirty days, or both; provided that nothing in this 
section shall be so construed as to conflict with sections 
2926 to 2926W, inclusive. [97 v. 217.] 

INTERFERENCE WITH VOTERS. 

Sec. 2951. If two or more persons congregate to¬ 
gether in or about any voting place, during the receiv¬ 
ing of ballots thereat, so as to hinder or delay any elector 
in casting his ballot, the judges of election, upon com¬ 
plaint made thereof, and being satisfied that substantial 
ground of complaint' exists, shall order all such persons 
to disperse; and upon refusal so to disperse, such per- 


OHIO ELECTION LAWS. 


103 


sons shall each be fined not more than three hundred 
nor less than twenty dollars, or imprisoned in the county 
jail not exceeding six months, or both. [74 v. 215, § 14.] 

RESIDENCE. 

Sec. 2945. No person shall be permitted to vote at 
any election unless he shall have been a resident of the 
state for one year, resident of the county for thirty days, 
and resident of the township, village, or ward of a city 
or village, for twenty days, next preceding the election 
at which he offers to vote, except where he is the head 
of a family, and has resided in the state, and in the 
county in which such township, village or ward of a 
city or village, is situate, the length of time required to 
entitle a person to vote under the provisions of this title, 
and shall, bona fide, remove with his family from one 
ward to any other ward in such city or village, or from 
a ward of such city or village to a township dr village 
in the same county, or from a township or village to a 
ward of a city or village in the same county, or from one 
township to another in the same county, in which cases 
such person shall have the right to vote in such town¬ 
ship, village, or ward of a city or village, without having 
resided therein the length of time above described to 
entitle a person to vote; provided, that such voter so 
removing with his family from a township to a village, 
or ward of a city or village, in the same county, shall not 
have the right to vote at any municipal election held in 
such cify or village, unless he shall have resided therein 
twenty days prior to such municipal election. [75 v. 15, 
16, § I.] 

Sec. 2946. All judges of election, in determining 
the residence of a person offering to vote, shall be gov¬ 
erned by the following rules, so far as the same may be 
applicable: 

1. That place shall be considered the residence of 
a person in which his habitation is fixed, and to which, 
whenever he is absent, he has the intention of return¬ 
ing. 

2. A person shall not be considered to have lost his 
residence who leaves his home, and goes into another 
state, or county of this state, for temporary purposes 
merely, with the intention of returning. 

3. A person shall not be considered to have gained 
a residence in any county of this state, into which he 
comes for temporary purposes merely, without the inten¬ 
tion of making such county his home. 

4. The place where the family of a married man 
resides shall be considered and held to be his place of 
residence, except where the husband and wife have sep¬ 
arated and live apart, then the place where they resided 


Who entitled 
to votfc. 


Rules to gov¬ 
ern judges in 
determining 
residence. 


104 


OHIO ELECTION LAWS. 


Where In¬ 
mates of sol¬ 
diers’ home 
may vote. 


Cincinnati; 
legal resi¬ 
dence of in¬ 
mates of city 
infirmary. 


Defining the 
legal resi¬ 
dence of in¬ 
mates of in¬ 
firmaries in 
certain cities. 


Defining legal 
residence of 
Inmates of in¬ 
firmaries. 


at the time of the separation shall be considered and 
held to be his place of residence, unless he afterward, and 
during the time of such separation, remove from such 
place, in which case the county, township, city, or vil¬ 
lage in which he resides the length of time required by 
the provisions of this section to entitle a person to vote, 
shall be considered and held to be his place of residence. 

5. If a person move to another state with an inten¬ 
tion to make it his permanent residence, he shall be con¬ 
sidered to have lost his residence in this state. 

6. If a person remove to another state, with an in¬ 
tention of remaining there an indefinite time, and as a 
place of present residence, he shall be considered to have 
lost his residence in this state, notwithstanding he may 
entertain an intention to return at some future period. 

7. The mere intention to acquire a new residence, 
without the fact of removal, shall avail nothing; neither 
shall the fact of removal without the intention. 

8. If a person go into another state, and while there 
exercises the right of a citizen by voting, he shall be 
considered to have lost his residence in this state. 

9. All questions of the right to vote shall be heard 
and determined by the judges of election. [75 v. 16, § i.] 

Sec. 2947. Disabled soldiers, who are inmates of a 
national asylum for disabled volunteer soldiers, who are 
citizens of the United States, and have resided in this 
state one year next preceding the election, and are other¬ 
wise qualified as to age and residence within the county 
and township, shall be held and deemed to have their 
lawful residence in the county and township in which 
such asylum is located. [67 v. 98, §T.] 

(2947 —I.) Sec. I. The legal residence of any quali¬ 
fied elector, who may be an inmate of any infirmary 
owned or maintained by any city of the first grade of the 
first class, shall be the ward or precinct of such city 
where said inmate was domiciled or resident at the time 
of his admission to said infirmary, and shall so continue 
during the time he may be an inmate thereof. [87 v. 
124.] 


(2947—2.) Sec. I. The legal residence of any qual¬ 
ified elector, who may be an inmate of any infirmary 
owned or maintained by any city of the first or second 
class, shall be the ward or precinct of such city where 
said inmate was domiciled or resident at the time of his 
admission to said infirmary, and shall so continue during 
the time he may be an inmate thereof. [87 v. 316.] 

(2947—3.) Sec. I. The legal residence of any quali¬ 
fied elector, who may be an inmate of an infirmary in any 
county of the state, having a population at the last fed- 


OHIO ELECTION LAWS. 


105 


eral census, in 1880, and which, at any subsequent federal 
census, may have a population of 42,871, shall be the 
ward, precinct or township of such city or county where 
said inmate was domiciled or resident at the time of his 
admission to said infirmary, and shall continue during 
the time he may be an inmate thereof. [86 v. 244.] 

CHALLENGES. 

Sec. 2939. Judges of election shall, and any elector 
may, challenge every person offering to vote, whom they 
know or suspect is not duly qualified as an elector under 
the constitution and laws of the state. [39 v. 13, § 18.] 

Sec. 2940. If a person offering to vote be challenged 
as unqualified, one of the judges shall tender to him the 
following oath: “You do swear (or affirm) that you 
will fully and truly answer all such questions as shall be 
put to you touching your place of residence, and qualifi¬ 
cations as an elector at this election.” 

First —If the person be challenged as unqualified on 
the ground that he is not a citizen, the judges, or one of 
them, shall put the following questions: 

1. Are you a citizen of the United States? 

2. Are you a native or naturalized citizen? 

If the person offering to vote claims to be a natural¬ 
ized citizen of the United States, he shall, before his vote 
shall be received, produce, for the inspection of the 
judges of the election, a certificate of his naturalization, 
and also state under oath or affirmation, that he is the 
identical person named therein; but the production of the 
certificate shall be dispensed with if the person offering 
to vote state, under oath, when and where he was nat¬ 
uralized, that he has had a certificate of naturalization, 
and that, against his will, the same is lost, destroyed, or 
beyond his power to produce to the judges of the elec¬ 
tion ; or if he state, under oath, that by reason of the 
naturalization of his parents, or one of them, he has be¬ 
come a citizen of the United States, and when and where 
his parent or parents were naturalized, the certificate of 
naturalization need not be produced. 

Second —If the person be challenged as unqualified 
on the ground that he has not resided in this state for 
one year immediately preceding the election, the judges, 
or one of them, shall put the following questions: 

1. Have you resided in this state for one year im¬ 
mediately preceding this election? 

2. Have you been absent from this state within the 
year immediately preceding this election? If yes, then— 

3. When you left this state did you leave for a 
temporary purpose, with the design of returning, or for 
the purpose of remaining away? 


Who may 
challenge a 
person offer¬ 
ing to vote. 


How judges 
to proceed 
when person 
offering to 
vote is chal¬ 
lenged. 


106 


OHIO ELECTION LAWS. 


If he refuses 
to answer any 
question, vote 
to be rejected. 


Further oath 
if challenge 
not with¬ 
drawn. 


Rejection of 
vote of person 
who refuses 
to take oath, 
or is not a 
legal voter; 
oaths of wit¬ 
nesses. 


4. Did you, while absent, look upon and regard 
this state as your home? 

5. Did you, while absent, vote in any other state? 

Third —If the person be challenged as unqualified on 
the ground that he is not a resident of the county or 
precinct where he offers to vote, the judges, or one of 
them, shall put the following questions: 

1. Have you resided in this county for thirty days 
last past? 

2. Have you resided in this precinct for twenty 
days last past? 

3. When did you last come into this county? 

4. When you came into this county did you come 
for a temporary purpose merely, or for the purpose of 
making it your home? 

5. Did you come into this county for the purpose 
of voting in this county? 

6. Are you now an actual resident of this precinct? 

Fourth —If the person be challenged as unqualified 
on the ground that he is not twenty-one years of age, 
the judges, or one of them, shall put the following ques¬ 
tion : 

Are you twenty-one years of age, to the best of 
your knowledge and belief? 

The judges of election, or one of them, shall put all 
such other questions to the person challenged, under 
the respective heads aforesaid, as may be necessary to 
test his qualifications as an elector at that election. [54 

V. 136, § 13 ] 

Sec. 2941. If a person challenged refuse to an¬ 
swer fully any questions put to him, as provided in the 
last preceding section, the judges shall reject his vote. 

[39 V. 13, § I 4 -] 

Sec. 2942. If the challenge be not withdrawn aft¬ 
er the person offering to vote has answered the ques¬ 
tions put to him as aforesaid, one of the judges of 
election shall tender to him the following oath: “You 
do solemnly swear (or affirm) that you are a citizen of 
the United States, of the age of twenty-one years; that 
you have been an inhabitant of this state for one year 
next preceding this election; that you are now an ac¬ 
tual resident of this precinct; and that you have not 
voted at this election.” [39 v.. 13, § 15.] 

Sec. 2943. If any person refuses to take the oath so 
tendered, his vote shall be rejected; and after such oath 
has been taken a majority of the judges may refuse to 
permit such person to vote if they are satisfied from 
record evidence, or the testimony adduced before them 


OHIO ELECTION LAWS. 


107 


that he is not a legal voter; otherwise the vote shall be 
accepted; and they may administer the necessary oaths 
to all witnesses brought before them to testify to the 
qualifications of the person offering to vote. [90 v. 310.] 

Sec. 2944. Whenever the vote of any person is re¬ 
ceived after he has taken the oath prescribed in sec¬ 
tion two thousand nine hundred and forty-two, the clerks 
of the election shall write on the poll-book, at the end 
of such person’s name, the word “sworn.” [39 v. 13, § 

17.] 


Sec. 2950. The judge to whom a ticket is delivered 
shall, upon the receipt thereof, pronounce with an audi¬ 
ble voice the name of the elector; and if no objection 
be made as to the right of such elector to vote, and the 
judges are satisfied that he is a citizen of the United 
States, and legally entitled, according to the constitu¬ 
tion and laws of this state, to vote at the election, he 
shall immediately put the ticket into the box, without 
inspecting the names written or printed thereon; and 
the clerks of the election shall enter the name of the 
elector, and number, in the poll-books, in the manner 
and form provided by law. [97 v. 217.] 


When clerk to 
enter on poll- 
book the word 
"sworn.” 


How ballot to 
be received 
and deposited, 
etc. 


BALLOT LAWS 


Conduct of 
elections of 
public 
officers. 


Forms for 
guidance of 
deputy state 
supervisors of 
elections. 


Candidate in¬ 
eligible as 
deputy state 
supervisor or 
clerk thereof, 
or as judge or 
clerk of elec- 
ions. 


Nominations 
of candidates. 


Certificate of 
nomination. 


(2966-13.) Sec. I. That hereafter elections of all 
public officers, except road supervisors, and all officers 
of original surveyed townships, in this state, shall be 
conducted according to the provisions of this act and 
existing laws not inconsistent therewith. [97 v. 225.] 

(2966-14.) Sec. 2. In addition to the duties now 
imposed on him by law, the secretary of state shall pre¬ 
pare and furnish to the deputy state supervisors of elec¬ 
tions, for their guidance, forms of all the blanks, cards 
of instruction, including poll-books and tally-sheets, cer¬ 
tificates of nomination and designs, provided for here¬ 
inafter, for the conduct of elections in this state. [90 
V. 268.] 

Sec. 2966-17. No person being a candidate for any 
office to be filled at an election shall serve as deputy state 
supervisor or clerk thereof, or as a judge or clerk of elec¬ 
tions in any precinct at such election; and any person 
serving as deputy state supervisor or clerk thereof, judge 
or clerk of election contrary to the provisions of this 
section, shall be ineligible to any office to which he may 
be elected at such election. [95 v. 47.] 

NOMINATIONS. 

(2966-18.) Sec. 6. Nominations of candidates for 
public office may be made as herein provided, and when 
not invalidated or withdrawn, the names of such candi¬ 
dates shall be printed on the ballots. Any convention, 
caucus, meeting of qualified electors, primary election 
held by such electors, or central or executive committee, 
representing a political party, which at the next preceding 
general election polled at least one per cent, of the entire 
vote cast in the state, may make one nomination for 
each office to be filled at the following election, which 
nomination, to be valid, must be certified as hereinafter 
provided. Every certificate of nomination shall state 
such facts as are in this act required for its acceptance, 
and shall be signed by the proper officers of such con¬ 
vention, caucus, meeting, primary election or committee, 
who shall add to their signatures their places of residence 
and post-office address, and make oath before an officer 
qualified to administer the same, that the facts stated in 
the certificate are true to the best of their knowledge 
and belief. A certificate of the oath shall be annexed 



OHIO ELECTION LAWS. 


109 


to the certificate of nomination. Such certificate of nom¬ 
ination shall also state the names and address of a 
committee authorized to represent such political party, 
and such committee shall have power to fill vacancies 
which may occur in the list of nominations, unless it be 
otherwise specially ordered at the time of the selection 
of such committee and so certified. [89 v. 434.] 

(2966-19.) Sec. 6 a. It shall not be lawful, however, 
for any committee, appointed for the purpose of filling 
vacancies, in cases where no nominations were made 
originally for a particular office, to name a candidate 
of another political party for such office, or to name a 
candidate nominated by petition, it being the intent of 
this act that when the nomination of a candidate of one 
party is endorsed by another that it shall be done at the 
time and in the manner provided for original nomina¬ 
tions. Provided, further, that if the name of any candi¬ 
date, except the name of a candidate for the office of 
member of a school board or board of education, is cer¬ 
tified to the state supervisor of elections or deputy state 
supervisors by two or more political parties, or by a 
petition of electors and a political party or parties, it 
shall be unlawful to cause the name of any such candi¬ 
date to be printed in more than one place on the ballot 
sheet, if said candidate be certified by two or more po¬ 
litical parties or petitioners for the same office. When 
the name of a candidate is certified as above mentioned, 
such person whose name is so certified shall within three 
days from the time the certificate of nomination is filed, 
notify the state supervisor or deputy state supervisors, 
as the case may be, under which political party name or 
list of petitioners he desires his name to be printed, and 
the said election officers when so notified shall print the 
name in that list only. If the said person, except a 
candidate for member of any school board, or board of 
education, whose name is.so certified by two or more 
political parties or petitioners, fails to notify the state 
supervisor of elections or the deputy state supervisors, 
as the case may be, in which list of candidates he de¬ 
sires his name .to be printed, then the said state super¬ 
visor or deputy state supervisors shall print the name in 
the list of party candidates which was first certified to 
the state supervisor or deputy state supervisors, and in 
that list only. [97 v. 226.] 

NOMINATIONS BY PETITION. 

(2966-20.) Sec. 7. Nominations of candidates for 
any county, township, municipal or ward office, or mem¬ 
bers of the board of education may be made by nomi¬ 
nation papers, signed in the aggregate for each candi¬ 
date by not less than three hundred qualified electors of 


Substitution 
of candidate 
of other 
party or 
nominee 
by petition. 


Printing of 
name of can¬ 
didate on bal¬ 
lot when two 
or more certi¬ 
ficates for 
same office 
filed. 


Nomination 
of candidates 
by nomination 
papers. 


110 


OHIO ELECTION LAWS. 


Annual reg¬ 
istration 
cities. 


Signers to 
name com¬ 
mittee to fill 
vacancies. 


Signer 
pledged to 
vote for nomi¬ 
nee or nomi- 
Bes. 


Residence of 
signers to be 
stated; can 
subscribe to 
but one nomi¬ 
nation; oath 
by one of the 
signers. 


Contents of 
certificates of 
nomination 
and nomina¬ 
tion papers. 


Filing of cer¬ 
tificates of 
nomination 
and nomina¬ 
tion papers. 


the county, or fifty qualified electors of the city, or 
twenty-five qualified electors of the township, ward or 
village, or twenty-five qualified electors of either sex of 
the school district, respectively; except in counties con¬ 
taining annual registration cities, such nomination pa¬ 
pers shall be signed by petitioners not less in number 
than one for every fifty persons who voted at the next 
preceding general election in such county. Nomina¬ 
tions of candidates for other offices may be made by 
nomination papers, signed for each candidate by quali¬ 
fied electors of the state or the district or division for 
which such candidates are nominated, not less in number 
than one for every one hundred persons, who voted at 
the next preceding general election in the state or such 
district or division. Signers of such nomination papers 
shall insert in them the names and addresses of such 
persons as they desire, to the number of five, as a com¬ 
mittee, who may fill vacancies caused by death or with¬ 
drawal. Such nomination papers shall contain a pro¬ 
vision to the effect that each signer thereto thereby 
pledges himself to support and vote for the candidate or 
candidates whose nominations are therein requested. 
Each elector signing a nomination paper shall add to his 
signature his place of residence, and may subscribe to 
one nomination for each office to be filled, and no more. 
One of the signers to each such separate paper shall 
swear that the statements therein are true, to the best 
of his knowledge and belief, and the certificate of such 
oath shall be annexed. [97 v. 226.] 

CERTIFICATES OF NOMINATION—WHAT TO 
CONTAIN. 

(2966-21.) Sec. 8. All certificates of nomination 
and nomination papers shall, besides containing the 
names of candidates, specify as to each (i) the office for 
which he is nominated; (2) the party or political princi¬ 
ple which he represents, expressed in not more than 
three words; (3) his place of residence, with street and 
number thereon, if any; provided, however, that in nomi¬ 
nations by petition, the certificate may designate, instead 
of a party or political principle, any name or title which 
the signers shall select, and candidates nominated by pe¬ 
tition, without distinctive appellations, shall be certified 
as independent candidates. In case of electors of presi¬ 
dent and vice president of the United States, the names 
of the candidates for president and vice president shall 
be added to the party or political appellation. [89 v. 435.] 

CERTIFICATES OF NOMINATION—WHEN 
FILED. 

(29^-22.) Sec. 9. Certificates of nomination and 
nomination papers of candidates for presidential electors 
and state offices shall be filed with secretary of state 


OHIO ELECTION LAWS. 


Ill 


not less than thirty days previous to the day of the elec¬ 
tion at which the candidates are to be voted for; certifi¬ 
cates of nomination and nomination papers for the nomi¬ 
nation of candidates for county offices shall be filed with 
the deputy state supervisors not less than twenty days 
previous to the day of election; certificates of nomina¬ 
tion and nomination papers for the nomination of candi¬ 
dates for offices to be filled by the electors of a district 
lying within a county shall be filed with the deputy state 
supervisors of the county not less than twenty days prev¬ 
ious to the day of election; and for offices to be filled by 
the electors of a district, circuit or subdivision of a dis¬ 
trict, composed of two or more counties, with the chief 
deputy state supervisor of the county in the district, 
circuit or subdivision containing the greatest number of 
inhabitants, as ascertained by the last federal census, not 
less than twenty-five days previous to the day of elec¬ 
tion ; certificates of nomination and nomination papers 
for the nomination of candidates for township or munici¬ 
pal offices, or members of the board of education, shall 
be filed with the deputy state supervisors not less than 
fifteen days previous to the election; certificates of nomi¬ 
nation and nomination papers for municipal officers and 
for members of boards of education in municipalities 
situated in two or more counties shall be filed with the 
board of deputy state supervisors of the county contain¬ 
ing the majority population of said municipality not less 
than fifteen days previous to the election. [97 v. 227.] 

OBJECTIONS TO CERTIFICATES. 

(2966-23.) Sec. 10. Certificates of nomination and 
nomination papers, when filed, shall be preserved and 
be open, under proper regulations, to public inspection; 
the certificates of nomination and nomination papers be¬ 
ing so filed, if in apparent conformity with the provisions 
of this act, shall be deemed to be valid, unless objection 
thereto is duly made in writing, within five days after the 
filing thereof. Such objections, or other questions aris¬ 
ing in the course of the nomination of candidates for 
state offices and presidential electors shall be considered 
by the secretary of state, and his decision shall be 
final. Such objections or other questions arising in the 
course of nominations of candidates for county offices or 
offices of a district lying within a county shall be con¬ 
sidered by the deputy state supervisors of the county, 
and objections or questions arising in the course of nomi¬ 
nation of candidates for district or circuit offices or offices 
in a subdivision of a district shall be considered by the 
chief deputy state supervisors and clerks of said elec¬ 
tion boards ofi the several counties comprising the dis¬ 
trict, circuit or subdivision, and their decision shall be 
final; and the votes of at least three deputy state super- 


preservation 
and inspec¬ 
tion of certifi¬ 
cates of nomi¬ 
nation and 
nomination 
papers. 

Objections to 
their validity. 


Consideration 
and decision 
of such ob¬ 
jections or 
other ques¬ 
tions. 


112 


OHIO ELECTION LAWS. 


visors for the county, or a majority of the chief deputies 
and clerks of the district or circuit or subdivision of a 
district, shall be necessary to a decision; but in case no 
decision can be arrived at, the matter in controversy shall 
be submitted to the state supervisor of elections, who 
shall summarily decide the question thus submitted to 
him, and his decision shall be final. Objections and ques¬ 
tions arising in the course of nominations for township 
or municipal offices, or members of the board of educa¬ 
tion, shall be considered by the deputy state supervisors; 
the decision of such deputy state supervisors shall be 
final, and in case of disagreement the matter shall be re¬ 
ferred to the state supervisor of elections and his de¬ 
cision shall be final; but in municipalities within the 
terms of this act which are situate in two or more coun¬ 
ties, the objection or question may be submitted, by 
the board of deputy state supervisors of the county where 
filed, directly to the state supervisor. In case an objec¬ 
tion is made, or question arises, notice shall forthwith 
be mailed to the candidates affected thereby, and to any 
party committee especially interested. It shall be proper 
for the officers above named, in the decision of any ques¬ 
tion as to the proper political or party designation of 
candidates, to distinguish between candidates nominated 
by certificates of nomination and those nominated by 
petition or nomination papers; and any party or politi¬ 
cal designation certified by petitioners in nomination 
papers may be rejected if, from similarity to the name 
of any existing party, as defined in section 7, such officers 
shall deem it likely to mislead or confuse voters. [97 v. 
227.] 

VACANCIES—HOW FILLED. 


Manner of 
filling va¬ 
cancy on 
ticket, or cor¬ 
recting defect 
in certificate 
of nomination. 


(2966-24.) Sec. II. Should any person so nomi¬ 
nated die, withdraw, or decline the nomination, or should 
any certificate of nomination be insufficient or imperfect, 
the vacancy thus occasioned may be filled or the defect 
corrected in the manner required for original nomina¬ 
tions, but must be certified to the secretary of state 
twenty days, or to the deputy state supervisors at least 
fifteen days previous to the election day. If, when the 
original nomination was certified, there was certified a 
committee authorized to represent the party as before 
provided, it may fill such vacancy. The chairman and 
secretary of such committee shall thereupon make and 
file with the proper officer a certificate setting forth the 
cause of the vacancy, the name of the person nominated, 
the office for which nominated, the name of the person 
for whom the new nominee is to be substituted, and such 
other information as is required to be given in an orig¬ 
inal certificate of nomination. The certificate so made 
shall be executed, acknowledged and sworn to in the 
manner prescribed for the original certificate of nomina- 


OHIO ELECTION LAWS. 


113 


tion, and shall, upon being filed with the secretary of 
state at least twenty days, or with the deputy state super¬ 
visors fifteen days before election, have the same force 
and effect as an original certificate of nomination. A 
vacancy occurring after the printing of the ballots may 
be filled by filing the proper certificate with the secretary 
of state at least ten days, and with the deputy state sup¬ 
ervisors at least five days prior to the election, and the 
name, office and party of the candidate so nominated 
shall be printed on adhesive slips or pasters, by the dep¬ 
uty state supervisors, which shall 1)e delivered to the 
judges in each precinct before the opening of the polls, 
and pasted by them in the proper place on the ballot, be¬ 
fore the same is handed the elector. [90 v. 270.] 

(2966-24a.) Sec. i. When a political party in its 
nominating convention fails to appoint 3 . committee for 
the purpose of filling vacancies on the party ticket, the 
power to fill such vacancies shall be and hereby is vested 
in the county executive committee of said political party. 
[93 V. 224.] 

DEVICE ON TICKET. 

(2966-25.) Sec. 12. If the certificate of nomination of 
any state convention shall request that the figure or de¬ 
vice selected by such convention be used to designate 
the candidates of such party on the ballots for all elec¬ 
tions throughout the state, such figure or device shall be 
so used until changed by request of a subsequent state 
convention of the same party. Such device may be the 
figure of a star, an eagle, a rooster, a flower, a plow, or 
some such appropriate symbol, but the coat of arms or 
seal of the state or United States, the national flag, or 
any other emblem common to the people at large, shall 
not be used as such device. [89 v. 437.]' 

TRANSMISSION OF CERTIFICATES OF NOMI¬ 
NATIONS. 

(2966-26.) Sec. 13. Immediately upon the expira¬ 
tion of the time within which certificates of nominations 
and nomination papers may be filed and within which 
objections thereto may be made as provided in section 
. 10 ( (2966-23) Sec. 10), the secretary [of state] shall 
certify all the nominations so filed to the several deputy 
state supervisors together with a form of official ballot 
therefor; and the chief deputy state supervisor of the 
district, circuit or subdivision with whom the certificate 
of district, circuit or subdivision nominations has been 
filed, shall immediately certify the nominations so filed 
to the deputy state supervisors in all the other counties 
in such district, circuit or subdivision and the deputy 
state supervisors of the county containing the majority 
population of a municipality situated in two or more 

8-B. L. 


Authority of 
county execu¬ 
tive com¬ 
mittee to fill 
vacancy on 
ticket. 


Device to de¬ 
signate party 
candidates. 


Transmission 
of certified 
copies of cer¬ 
tificates of 
nomination. 


114 


OHIO ELECTION LAWS. 


How expenses 
of election de¬ 
frayed. 


Contracts for 
printing. 


Special elec¬ 
tions. 


Submission of 
proof of 
ballot. 


counties, shall immediately certify to the deputy state 
supervisors of the other county or counties, copies of all 
certificates of nominations and nomination papers of 
such municipal officers or members of the board of edu¬ 
cation that have been filed with such board. [97 v. 228.] 

EXPENSES—HOW DEFRAYED. 

(2966-27.) Sec. 14. All expenses arising for print¬ 
ing and distributing ballots, cards of explanation to 
officers of the election and voters, blanks, and all other 
proper and necessary expenses of any general or special 
election, including compensation of precinct election offi¬ 
cers, shall be paid out of the co.unty treasury as other 
county expenses; but, except in the case of November 
elections, shall be a charge against the township, city, 
village or political division in which such election was 
held, and the amount so paid by the county as above pro¬ 
vided, shall be retained by the county auditor from the 
funds due to such township, cit)^ villaee or political di¬ 
vision, at the time of making the semiannual distribu¬ 
tion of taxes; the county commissioners, township trus¬ 
tees, councils, boards of education, or other authorities 
authorized to levy taxes, shall make the necessary levy 
to meet such expenses, which levy may be in addition 
to other levies authorized or required by law; the 
amount of all such expenses shall be ascertained and 
apportioned by the deputy state supervisors to the sev¬ 
eral political divisions and certified to the county auditor. 
In the case of municipalities situated in two or more 
counties the proportion of expense charged to each of the 
counties shall be ascertained and apportioned by the clerk 
of the corporation, and certified by him to the several county 
auditors. [91 v. 243.] 

PRINTING AND DISPOSITION OF BALLOTS. 

(2966-28.) Sec. 15. The printing provided for in 
this act, except poll-books and tally-sheets, shall be let 
by the deputy state supervisors to the lowest responsi¬ 
ble bidder in the county, upon ten days’ notice published 
not more than three times in two leading papers of op¬ 
posite politics published in such county, but in case of 
special elections the deputy state supervisors may give 
notice by mail addressed to all the printing offices within 
the county, instead of publishing said notice. After the 
letting of the contract for the printing of the ballots, 
the proper officer or board shall secure from the printer 
and exhibit to the chairman of the local executive com¬ 
mittee of each party represented on the ballot, for in¬ 
spection and the correction of any errors appearing 
thereon, a printed proof of the ballot to be printed for 
use at the election; the person to whom the contract for 


OHIO ELECTION LAWS. 


115 


printing the tickets is let, shall, in the presence of the 
deputy state supervisors, seal up securely in packages, 
one for each precinct in the county or municipality, as the 
case may be, the designated number of ballots to be 
printed for such precinct, and ind ^rse thereon the num¬ 
ber of ballots SO printed and sealed up, and deliver the 
same to the deputy state supervisors at such time as 
they may direct. In election precincts composed 
of a township or a part thereof, or a municipality or a 
part thereof, there shall be provided for all elections, 
separate ballots, for each precinct, so as to enable elec¬ 
tors residinp* in such precinct to cast their votes for the 
proper candidates in such precinct; and there shall be 
provided separate ballots for each school district portion 
of such precinct which shall contain the names of the 
candidates for members of the board of education for 
which electors residing in such precinct are entitled to 
vote. And when a municipality contains less than fifty 
voters in the same township, the deputy state supervisors 
may provide a separate ballot and ballot-box for such 
voters at the regular polling place in an adjoining precinct 
of the same county. [97 v. 229.] 

(2966-29.) Sec. 15a. Each proposal for printing, as 
provided for in the preceding section, must be accompan¬ 
ied by a bond, executed in due form by the bidder, with 
at least two good and sufficient sureties, satisfactory to 
the board of deputy state supervisors, in a sum double 
the amount of his bid, conditioned for a faithful per¬ 
formance, pursuant to contract, of such printing as may 
be awarded to him; and for the payment as liquidated 
damages by such bidder to the board of deputy state su¬ 
pervisors of any excess of cost over the bid or bids of such 
bidder which the board of deputy state supervisors may 
be obliged to pay for such work by reason of the failure 
of such bidder to complete his contract; the bond to be 
null and void if no contract be awarded to him. No bid 
unaccompanied by such bond shall be entertained by the 
board of deputy state supervisors. [91 v. 116.] 

DELIVERY OF BALLOTS, POLL-BOOKS, ETC. 

(2966-30.) Sec. 16. Not less than three days be¬ 
fore an election the deputy state supervisors shall sum¬ 
mon the presiding judge of election in each precinct in 
such county to appear forthwith and receive the necessary 
blanks, poll-books, tally-sheets, certificates, cards of in¬ 
struction and ballots for such precinct, and shall deliver 
to such judge the sealed packages of ballots, blanks, poll- 
books and other required papers, all of which such 
judge shall safely deliver and have on hand at the poll¬ 
ing place in his precinct before the time for the opening 
of the polls therein; provided, however, that in registra- 


Sealing and 
delivery of 
ballots. 


Separate bar 
lots for each 
precinct. 


Municipalities 
containing 
less than 
fifty voters. 


Bond of bid¬ 
der for print¬ 
ing. 


Delivery of 
ballots and 
other supplies 
required in 
conduct of , 
elections. 


Registration 

cities. 


11(5 


OHIO ELECTION LAWS. 


Delivery in 
cities having 
a population 
of 300,000 or 
more. 


Delivery of 
supplies when 
judge sum¬ 
moned fails 
to appear. 


Compensation 
of judges and 
clerks. 


Registration 

cities. 


Replacing of 
supplies lost 
or destroyed. 


tion cities when the presiding judge or chairman is 
chosen at the meeting of the registrars and judges of 
election, on the evening preceding any November elec¬ 
tion pursuant to section 2926;^- of the Revised Statutes, 
or on the evening preceding any special election, it shall 
be the duty of such judge, immediately after such meet¬ 
ing, to call at the office of the board of deputy state sup¬ 
ervisors for such packages, and the deputy state super¬ 
visors shall deliver the poll-books, tally-sheets, cards of 
instruction and other supplies herein mentioned to the 
presiding judge or chairman, and provided further, that 
in any city having a population of 300,000 or more the 
board of deputy state supervisors may, by resolution, 
provide for the delivery of ballots through the agency 
of the police force of such city; and provided further, if 
the judge summoned to receive and deliver the ballots 
and other books and papers does not appear, the deputy 
state supervisors shall send the ballots, books and other 
required papers to the election officers of the precinct so 
as to be received by them in time for the election. [97 
V. 229.] 

(2966-52.) Sec. 36. The judge of election called by 
the deputy state supervisors to receive and deliver bal¬ 
lots, poll-books, tally-sheets and other required papers, 
shall receive two dollars for such service, and in addition 
thereto mileage at the rate of five cents per mile to and 
from the county seat if he live one mile or more there¬ 
from. The judge of the election carrying the returns 
to the deputy state supervisors, and the judge carrying 
the returns to the county or township clerk, or clerk or 
auditor of the municipality, shall receive like compensa¬ 
tion. Judges and clerks shall each receive as compensa¬ 
tion the sum of three dollars for their services for each 
election day; provided, however, that in cities where regis¬ 
tration is required the compensation shall remain as now 
fixed by law, except that the chairman elected at the 
meeting for organization shall receive one dollar for call¬ 
ing for the sealed package of ballots. [97 v. 237.] 

”” BALLOTS LOST, ETC.; HOW REPLACED, 

(2966-31.) Sec. 17. If, by any accident, or casual¬ 
ty, the ballots or other required papers delivered to any 
judge of elections or other messenger shall be lost or de¬ 
stroyed, it shall be the duty of such person charged with 
the custody thereof to report the loss at once to the 
deputy state supervisors from whom the same were ob¬ 
tained, and make affidavit of the circumstances of the 
loss, whereupon the deputy state supervisors shall at 
once resupply such person ; in case such person fail or 
refuse to report and make proof of the loss, any qualified 


OHIO ELECTION LAWS. 


117 


elector may do so, and thereupon a new supply shall be 
sent by special messenger, as provided in other cases. 

At the opening of the polls in each precinct, the seals 
of the packages shall be publicly broken, and the pack¬ 
ages shall be opened by the presiding officer. The cards 
of instruction shall immediately be placed in each voting 
shelf or compartment provided in accordance with this 
act for the marking of the ballots, and in such other 
places as the election officers may select. 

In case no ballots shall have been delivered at any 
polling place before the opening of the polls, or if extra 
Ijallots shall, at any time during the time the polls remain 
open, be required, it shall be the duty of the deputy state 
supervisors, upon a requisition, in writing, signed by a 
majority of the election judges of such precinct, wherein 
the reason for demanding such ballots shall be set out, 
to secure the same as speedily as possible, and, if neces¬ 
sary, extra ballots may be printed for this purpose; pro¬ 
vided, however, that such ballots shall conform, as nearly 
as possible, to the original ballots, and the printing and 
the care of the same shall be under the same provisions 
and penalties as the printing and care of the other bal¬ 
lots ; and if, from any cause, neither the official ballots 
nor ballots otherwise prepared as above prescribed shall 
be ready for distribution at any polling place, or if the 
supply of ballots shall be exhausted before the polls are 
closed, unofficial ballots may be used, so that no elector, 
for lack of a ballot, shall be deprived of his franchise. 
[97 V. 230.] 

FORM OF BALLOT. 

Sec. 3. The names of all candidates to be voted 
for on the first Tuesday after the first Monday in Novem¬ 
ber, hereafter, shall be placed on the same ballot, ar¬ 
ranged in single tickets or lists under the respective 
party, political or other designation certified, in the order 
and manner provided by law; provided that nothing in 
this section shall be construed to affect the provisions of 
“An act to secure a voice in school affairs to the women 
of Ohio on equal terms with men,” passed April 24, 1894, 
or any special or general act providing for the election of 
school directors or members of boards of education and 
school councils. [97 v. 40.] 

(2966-32.) Sec. 18. Every ballot intended for the 
use of electors, printed in accordance with the provisions 
of this act, shall contain the names of all the candidates 
whose nominations for any offices specified in the ballot 
have been duly made, and not withdrawn in accordance 
herewith, arranged in tickets or lists under the respective 
party or political or other designation certified. In elec¬ 
tions for presidential electors, the names of the candi- 


Opening of 
packages. 


Where cards 
of' instru'cliOh 
to be pladed; 


Extra ballots. 


When un¬ 
official ballots 
may be used. 


Ballots, how 
printed. 


Contents of 
ballot. 


118 


OHIO ELECTION LAWS. 


Arrangement 
of tickets or 
lists of 
candidates. 


When ques¬ 
tion is sub- 
fnitted. 


Form of 
ballot. 


Indorsement. 


Printing, per¬ 
foration, 
binding and 
designation of 
ballots. 


Main stub. 


dates for president and vice president shall be placed on 
the ticket by the secretary of state in'mediately follow¬ 
ing the name of the party and precea. ig the names of 
the presidential electors. 

The arrangement of the ballot shall, in general, con¬ 
form as nearly as practicable to the plan hereinafter 
given. The tickets of the various political parties shall 
be printed in parallel columns, headed by the chosen 
devices upon a shaded background, and the party names 
in such order as the secretary of state may direct, prece¬ 
dence, however, being given to the political party which 
polled the highest number of votes for the head of the 
ticket in the next preceding general election, and so on. 
The tickets or lists of candidates nominated by nomina¬ 
tion papers, with their party names or designations shall 
be printed at the right of and parallel with the tickets of 
political parties in such order as the secretary of state 
may direct; precedence, however, being given in the order 
above prescribed for party tickets. No ticket or list of can¬ 
didates shall be printed under the name of any party con¬ 
taining more candidates for. any office than are to be 
elected. 

Whenever the approval of any question other than a 
constitutional amendment is to be submitted to a vote 
of the people, such questions shall be printed on a separ¬ 
ate ballot and deposited in a separate ballot-box to be 
presided over by the same judges and clerks. 

The ballot shall be so printed as to give each elector 
a clear opportunity to designate by a cross mark in a 
large blank circular space three-quarters of an inch in 
diameter below the device and above the name of the 
party at the head of the ticket or list of candidates, his 
choice of a party ticket and desire to vote for each and 
every candidate thereon; and by a cross mark in a blank 
inclosed space on the left and before the name of each 
candidate, his choice of particular candidates. 

On the back shall be printed, “official ballot,” the date 
of the election, and facsimile of the signatures of the 
officers who have caused the ballots to be printed.. 

The ballots shall be printed on the same leaf with a 
double stub, and separated therefrom by a perforated 
line, and shall be bound with the stub attached thereto, 
into books, or blocks, one for each voting precinct, which 
book or block shall contain at least twice as many ballots 
as there were votes cast at such precinct at the preceding 
general election; upon the covers of such books or blocks 
shall be printed the designation of the precinct for which 
the ballots have been prepared. 

The main stub shall be printed as follows: Consecu¬ 
tive number—[after these words the consecutive number 


OHIO ELECTION LAWS. 


119 


shall be printed, beginning with one and increasing in 
regular numerical order] ; provided, however, that the 
deputy state supervisors may direct that such consecu¬ 
tive numbers shall not be printed, but shall be written 
by the ballot officer before delivering the ballot to the 
elector. 


Name of voter—[after these words the clerk shall 
write the voter’s name.] 

Residence—[after this word the clerk, in cities 
where registration is required, is to write the voter’s 
residence.] 


The secondary stub shall be printed as follows: secondary 
Name of voter or registered number—[after these words 
the clerk, in precincts where the registration law is in 
force, shall write the registered number of the voter, and 
in other precincts the voter’s name.] 


All ballots shall be printed on the best quality No. 2 General pro- 
book paper, in black ink, and with the exception of the tlve^^o print- 
heading which shall be in display, in brevier type, the of ballots, 
name or designation of the office in lower case, and the 
name of the candidate therefor in capital letters, with a 
space of at least one-fifth of an inch following each name; 
the name of each candidate shall be printed in a space 
defined by ruled lines, and with a blank square on its 
left inclosed by heavy dark line; if, upon any ticket, there 
be no candidate or candidates for a designated office, a 
blank space equal to the space that would be occupied by 
such name or names, if they were printed thereon, with 
the blank spaces herein provided for, shall be left. The 
heading of each party ticket, including the name of the 
party, the device above and the large circle between the 
device and such name, shall be separated from the rest 
of the ticket by a heavy line, and the circle-above the 
name of the party in which the voter is to place the cross 
mark, if he desires to vote the straight ticket, shall be 
defined by heavier lines than the lines defining the blank 
spaces before the names of candidates, and such circle 
shall be surrounded by the following words printed in 
heavy face nonpareil type: “For a straight ticket mark 
within this circle.” 


Each party ticket shall be separated from other party 
tickets and bordered on either side by a heavy border or tickets by 
a broad solid line at least one-eighth of an inch wide, and 
the edges of the ballot on either side trimmed off up to 
the border or solid line described. [97 v. 231.] 


120 


OHIO ELECTION LAWS. 


[Main stub.] 

Consecutive number 

Name of voter.. 

Residence. 


[Secondary stub.] 

Name or registered numl^er of voter 










































OHIO ELECTION LAWS. 


121 


BOOTHS, GUARD-RAILS, ETC. 

(2966-33.) Sec. 19. The deputy state supervisors 
shall provide a sufficient number of voting shelves at 
which electors may conveniently mark their ballots, so 
that in the marking thereof they shall be protected from 
the observation of others by cloth screens or other de¬ 
vice, extending from the top of the booth to a level with 
or below the voting shelf, and a guard-rail shall be so 
constructed and placed that only such persons as are in¬ 
side said rail can approach within six feet of the ballot- 
boxes or of such voting shelves. The arrangements shall 
be such that neither the ballot-boxes nor the voting 
booths shall be hidden from view of those outside of the 
said rail. The number of such voting shelves shall not 
be less than one for every seventy-five electors qualified 
to vote at such polling place. No person other than the 
judges of election and such officers as are provided for 
by the statutes of this state or of the United States, and 
electors admitted as herein provided, shall be permitted 
within said rail, except by authority of the election offi¬ 
cers, for the purpose of keeping order and enforcing the 
law. Each voting shelf shall be provided with proper 
supplies and conveniences for marking the ballot. After 
each election the judges of elections shall see that the 
booths, guard-rails and other equipments are returned to 
the clerk or auditor of the township or corporation in 
which the precinct is situated, for safe keeping, and it 
shall be the duty of such clerk or auditor to have such 
booths and equipments on hand and in place at the poll¬ 
ing place in each precinct before the time for opening the 
polls on election day, and for this service the deputy 
state supervisors may allow the necessary expense in¬ 
curred; provided that in registration cities this duty shall 
devolve on the board of deputy state supervisors. [97 v. 

234-] 


CHALLENGERS—OATH. 

(2966-34.) Sec. 20. Two challengers may be ap¬ 
pointed by the precinct committeeman of each political 
party having candidates to be voted for at such election, 
who shall be admitted to the polling place for the purpose 
of challenging electors in such precincts where the voters 
are not registered, and they may keep tally of the electors 
voting; and in- all special elections when no candidates 
are to be elected, the judges of election in each precinct 
shall at least one day before the election, appoint and 
make public two known representatives of each side of 
the question to be submitted, as challengers; the challen¬ 
gers shall serve without compensation from the county, 
city, village or township, and shall take the following 
oath, to be administered by one of the judges of election: 


Voting shelves 
and guard¬ 
rails; arrange¬ 
ment of. 


Arrangement 
of ballot-boxes 
and voting 
booths. 

Number of 

shelves 

required. 

Who per¬ 
mitted within 
rail. 


Supplies for 

marking 

ballots. 

Return of 
booths, 
guard-rails, 
etc. 


Placing of 
such equip¬ 
ment for 
elections. 


Appointment 
and privileges 
of party- 
challengers. 


122 


OHIO ELECTION LAWS. 


Oath of 
challengers. 


Challenges. 


Entry of 
name, resi¬ 
dence and 
registered 
number of 
elector upon 
stubs of ballot. 


Delivery of 
ballot to elec¬ 
tor. 


General pro¬ 
visions relat¬ 
ing to prepa¬ 
ration of 
ballot. 


You do solemnly swear (or affirm) that you will sup¬ 
port the constitution of the United States and of this 
state; that you will faithfully and impartially discharge 
the duties as official challenger, assigned by law; that 
you will not cause any delay to persons offering to vote 
further than is necessary to procure satisfactory inform¬ 
ation of the qualification of such person as elector, and 
that you will not disclose or communicate to any person 
how any elector has voted at such election. 

Any voter may be challenged by any challenger, judge 
or clerk of the election, and, if challenged, shall establish 
his right to vote as now provided'by law. Any elector 
of the precinct may notify the judges of election, in writ¬ 
ing, that he challenges the right of any person or persons 
to vote, giving the reason, and such person or persons 
shall be deemed challenged as above. [97 v. 234.] 

BALLOT—HOW PREPARED. 

(2966-35.) Sec. 21. Any person desiring toi vote 
and legally entitled to vote at such election shall give his 
name, and in precincts where the registration law is in 
force his residence to the election officer holding the 
ballots, who shall write the same upon the main stub of 
the ticket in the blank space provided therefor. Such 
officer shall then mark upon the secondary stub the elec¬ 
tor’s registered number in all precincts in which a regis¬ 
tration law is in force, and in all other precincts the elec¬ 
tor’s full name. 

One of the election officers shall then detach the bal¬ 
lot, with the secondary stub attached, from the main 
stub, fold the same, and shall hand it to the elector, and 
the elector shall be allowed to enter the place inclosed 
by the guard-rail. The officer shall give him one, and 
only one ballot. 

On receipt of his ballot, the elector' shall forthwith, 
and without leaving the inclosed space, retire alone to 
one of the voting shelves, and without undue delay un¬ 
fold and mark his ballot as hereafter described. No elec¬ 
tor shall be allowed to occupy a voting shelf already oc¬ 
cupied by another, or to occupy a voting shelf for more 
than five minutes, in case all the shelves are in use and 
electors waiting to occupy the same, or to speak to or 
converse with any one, except as herein provided while 
within the guard-rail. All marks upon the ballot must 
be made by black lead pencil. If an elector soil or de¬ 
face a ballot so that it cannot be used, he may successive¬ 
ly obtain others, one at a time, not exceeding in all three, 
upon returning each ballot so soiled or defaced, which 
shall be immediately destroyed; provided, if an elector 
who has defaced three ballots, shall satisfy the judges 
that the same were defaced by accident or’ honest mis- 


OHIO ELECTION LAWS. 


123 


take, and not for any fraudulent purpose, the judges shall 
deliver him another ballot and help him mark the same. 

The elector shall observe the following rules in 
marking his ballot: 

1. If the elector desire to vote a straight ticket, or 
in other words for each and every candidate of one party 
for whatever office nominated, he shall, either, 

(a) Make a cross mark in the circular space below 
the device and above the name of the party at the head 
of the ticket; or, 

(b) Make a cross mark on the left of and opposite 
the name of each and every candidate of such party in 
the blank space provided therefor. 

2. If the elector desire to vote a mixed ticket, or in 
other words, for candidates of different parties, he shall, 
either, 

(a) Omit making a cross mark in the circular space 
above the name of any party, and make a cross mark in 
the blank space before the name of each candidate for 
whom he desires to vote on whatever ticket he may be; 
or, 

(b) Make a cross mark in the circular space above 
the name of a party, some of whose candidates he desires 
to vote for, and then make a cross mark before the name 
of any candidate of any other party for whom he may 
desire to vote; in which case, the cross mark in the cir¬ 
cular space above the name of a party will cast the elec¬ 
tor’s vote for every candidate on the ticket of such party, 
except for offices for which candidates are marked on 
other party tickets, and the cross marks before the names 
of such candidates will cast the elector’s vote for them; 
provided, that where two or more persons for the same 
office are to be voted for in any precinct, as two or more 
representatives or other officers, and the names of sev¬ 
eral candidates therefor appear on each party ticket 
grouped under the office for which all are running, the 
elector who has marked a ticket in the circular space at 
its head, and marked one or more of a group of candidates 
for such office on another ticket or tickets, must in addi¬ 
tion to marking the ticket in the circular space at its 
head, also make a cross mark before each one of the 
group of candidates for such office for whom he desires 
to vote on the ticket thus marked; or instead of marking 
the candidates for such office he desires to vote for on the 
ticket marked by him. he may erase the names of can¬ 
didates for such office whom he does not desire to vote 
for on the ticket thus marked by him to the number of 
candidates for such office marked by him on other party 
tickets, in which case his vote shall be counted for the 
candidates for such office not erased; and provided, fur¬ 
ther, if an elector who has thus marked a party ticket in 


Rules for 
marking. 


For a straight 
ticket. 


For a mixed 
ticket. 


When two or 
more persons 
are to be 
elected to the 
same office. 


124 


OHIO ELECTION LAWS. 


Surplus 

marks. 


Submission of 
question. 


Substitution 
of name of 
person not 
on ticket. 


When ballot 
not to be 
counted for 
certain office. 


Disregard of 
technicalities. 


Substitution 
when no 
nomination 
made or name 
of nominee 
omitted; 
marking of 
ballot in such 
case. 


the circular space, at the head thereof and marked one or 
more candidates on another ticket or tickets for an office 
for which there are more than one candidate on his own 
party ticket, fail or neglect to indicate either by in¬ 
dividual marks or by erasures, as aforesaid, which of the 
several candidates for the same office on his own party 
ticket he desires to vote for, then and in such event, the 
vote shall be counted only for the candidate or candidates 
for that office that have the distinguishing mark before 
his or their names. 

If, in marking either a straight or a mixed ticket as 
above defined, a cross mark is made in the circular space 
above the name of a party at the head of the ticket, and 
also one or more cross marks made before the name or 
names of .candidates on the same ticket for offices for 
which candidates on other party tickets are not individu¬ 
ally marked, such marks before the names of candidates 
on the ticket so marked, shall be treated as surplusage 
and ignored, and the ballot be counted for all the candi¬ 
dates on the ticket thus marked for offices for which 
no candidates on other tickets are marked; but this pro¬ 
vision is subject to the exception in the proviso in the 
last paragraph, where two or more persons for the same 
office are grouped on party tickets. 

In the case of a question submitted, the elector shall 
make a cross mark in the blank space on the left of and 
before the answer which he desires to give. 

If the elector desires to vote for any person whose 
name does not appear on the ticket, he can substitute the 
name by writing it in black lead pencil or black ink in the 
proper place, and making a cross mark in the blank 
space at the left of the name so written. 

If the elector mark more names than there are per¬ 
sons to be elected to an office, or if, for any reason, it is 
impossible to determine the voter’s choice for an office to 
be filled, his ballot shall not be counted for such office. 

No ballot shall be rejected for any technical error 
which does not make it impossible to determine the vot¬ 
er’s choice. [89 V. 444.] 

(2966-36.) Sec. 21 a. If there should be no nomi¬ 
nation for a particular office by any political party, or if, 
by inadvertence or otherwise, the name of a candidate 
regularly nominated by such party should be omitted 
from the ballot, and the elector desires to vote for some 
one to fill such office, he may do so by writing the name 
of the person for whom he desires to vote in the space 
underneath the heading or designation of such office and 
make a cross mark in the circle at the head of the ticket, 
in which case the ballot shall be counted for the entire 
ticket as though the name substituted had been origin¬ 
ally printed thereon. [91 v. 119.] 


OHIO ELECTION LAWS. 


/125 


BALLOTS—HOW CAST. 

(2966-37.) Sec. 22. Before leaving the voting shelf 
the elector shall fold his ballot without displaying the 
marks thereon, and so as to conceal the same, but show 
the indorsements and facsimile of the signatures of the 
proper clerk or board, and keep the same so folded until 
he’ has delivered the ballot to the presiding officer. 

One of the election officers shall receive the ballot, 
detach the secondary stub bearing the elector’s registered 
number or name, and examin'e such stub for the purpose 
of identification, and deposit the ballot in the ballot-box; 
the secondary stub shall be preserved until the polls are 
closed and shall then be destroyed before the ballot-box 
is opened; the elector shall mark and vote his ballot with¬ 
out undue delay, and shall leave said inclosed place as 
soon as he has voted. 

No elector, not an election officer, shall be allowed 
to re-enter said enclosed place during said election ex¬ 
cept for the purpose of voting. No more electors shall be 
allowed to enter within said rail at any one'time than 
there are voting shelves provided. It shall be the duty 
of the judges of election to secure the observance of the 
provisions of this section. 

Every elector who does not vote a ballot delivered 
to him by the ballot officer shall, before leaving the poll¬ 
ing place, ueturn such ballot to such officer. 

Any elector who declares to the presiding judge of 
election that he is unable to mark his ballot by reason 
of blindness, paralysis, extreme old age or other physical 
infirmity, and such physical infirmity is apparent to the 
judges to be sufficient to incapacitate the voter from 
marking his ballot properly, may, upon request, receive 
the assistance in the marking thereof of two of the judges 
of election, belonging to different political parties, and 
they shall thereafter give no information in regard to the 
matter. But such assistance shall not be rendered for any 
other cause which the voter may specify, and the presid¬ 
ing judge may require such declaration of disability to 
be made by the elector under oath before him. 

No ballot without the official endorsement shall be 
allowed to be deposited in the ballot-box, and none but 
ballots provided in accordance with the provisions of this 
act shall be counted. [92 v. 148.] 

POLLS CLOSED—UNUSED BALLOTS 
DESTROYED. 

(2966-38.) Sec. 23. The county executive commit¬ 
tee of each party having a ticket to be voted at an elec¬ 
tion may designate a suitable person to be present as in¬ 
spector and witness and inspect the counting of the 


Folding of 
ballot. 


Receipt of 
ballot; dis¬ 
position of 
secondary 
stubs; regula¬ 
tion as to 
marking and 
voting. 


Who per¬ 
mitted to re¬ 
enter enclosed 
place; num¬ 
ber of electors 
permitted 
within rail at 
one time. 


Return of un¬ 
voted ballots. 


Assistance of 
judges in 
marking bal¬ 
lot. 


Ballots per¬ 
mitted to be 
deposited and 
counted. 


Appointment 
and privileges 
of party in¬ 
spector. 


126 


OHIO ELECTION LAWS. 


Special elec¬ 
tions. 


Who admitted 
to polling 
place. 

Certificate 
and procla¬ 
mation of 
vote cast. 


Destruction of 

unvoted 

ballots. 


Opening of 
ballot-box; 
counting of 
ballots. 


Excess of 
ballots to be 
destroyed. 


Minute of de¬ 
stroyed bal¬ 
lots. 

Completion of 
count. 


votes in each precinct, and who shall be admitted to said 
voting place, and who shall be entitled to a copy of the 
certificates provided for in this act; and in all special 
elections where there are no candidates to be elected, 
the judges of election shall at least one day before the 
election appoint and make public one known represent¬ 
ative of each side of the question to be submitted, as in¬ 
spector; but no other person except the election officers 
shall be admitted to said polling place before or after the 
count begins. Immediately upon the close of the polls, 
the number of electors enteied and shown on the poll- 
books as having voted, shall be first certified therein and 
signed by the board of judges and the clerks; and before 
any other or further proceedings the president or chair¬ 
man of the board shall make proclamation in a loud 
voice outside of the polling room, stating the number 
of voters so shown and certified on the poll-books. 
Thereupon the judges shall, in the presence of the clerks 
and inspectors above provided for, destroy the ballots 
remaining unvoted. [97 v. 235.] 

CANVASS OF VOTES. 

(2966-39.) Sec. 24. The ballot-box shall then, with¬ 
out any adjournment or delay be opened, and without 
opening any ballot or ascertaining its contents, the num¬ 
ber of ballots shall first be counted. If the number of 
ballots exceeds the number of names on the poll-books, 
the ballots shall be replaced in the box, and one of the 
judges shall, with his back to the box and without seeing 
it, draw out, without showing them, and destroy a num¬ 
ber of ballots equal to the excess. And, if during the 
counting of the ballots or at the conclusion of the count¬ 
ing, an excess of ballots be discovered, all the ballots 
shall be returned to the box, and after being thoroughly 
mingled the excess shall, in the manner directed above, 
be drawn out and destroyed, and the count corrected ac¬ 
cordingly. In all cases where ballots have thus been 
drawn out and destroyed, a minute of the number de¬ 
stroyed and the reason, shall be made on the tally-sheet. 
The ballots shall then be taken out, one at a time, by 
one of the judges, who shall read aloud distinctly, while 
the ticket remains in his hands, the name or names voted 
for thereon, except that a straight ticket may be an¬ 
nounced as such and be so counted, and then delivered 
to the second judge, who shall examine the same and 
pass it to the third judge, and so on to the fourth, who 
shall preserve it; and the same method shall be observed 
in respect to each of the tickets taken out of the ballot- 
box until all the ballots have been taken out of the ballot- 
box. The clerks shall enter in separate columns by tallies 
under or opposite the uames of the persons voted for, 
as provided in the form of tally-sheets, all the votes thus 


OHIO ELECTION LAWS. 


127 


read by the judges. After the examination of the ballots 
has been completed the number of votes for each person 
shall be enumerated under the inspection of the judges, 
and set down as provided in the form of the tally-sheets; 
when the result of the ballot is ascertained it shall im¬ 
mediately be announced by one of the judges in front of 
the polling place, and a copy thereof certified by the 
judges and clerks posted on the front of the polling place, 
and a certified copy thereof given to the persons herein¬ 
after designated as being entitled to be present at the 
counting of the votes. When all these requirements are 
complied with the judges shall, in the presence of the 
clerks and the inspectors, destroy by burning the ballots 
so read and counted, provided, however, if there are any 
ballots cast and counted or left uncounted concerning 
the legality of which there is any doubt or difference of 
opinion in the minds of the judges of election, said ballots 
shall not be destroyed, but sealed up and returned to the 
deputy state supervisors with the returns of the election 
for such judicial or other investigation as may be neces¬ 
sary, with a true statement as to whether they have or 
have not been counted, and if counted, what part and for 
whom. [97 V. 235.] 

(2966-40.) Sec. 25. After canvassing the votes, in 
addition to the requirements of section 8 of the super¬ 
visory election law, the judges and clerks in each pre¬ 
cinct shall make out the returns of the election in dupli- 
' cate, sign and certify one of the poll-books and tally- 
sheets thereof, and immediately transmit the same to the 
deputy state supervisors by the presiding judge or such 
other judge as he may designate; the other poll-book 
and tally-sheet signed and certified in like manner, shall 
be forthwith deposited with the clerk of the township 
or the clerk or auditor of the municipal corporation, as 
the case may require, by another judge designated by the 
presiding judge, to be preserved one year after the date 
of such election. Such returns shall be securely sealed 
up in an envelope and addressed transversely upon the 
upper end thereof to the proper officer with whom they 
are to be deposited, with the designation of the town¬ 
ship, precinct and county; provided, that in registration 
cities such delivery shall be made as now provided by law. 
From the time the ballot-box is opened and the county of 
votes begun, until the votes are counted and the returns 
made out, signed and certified as required by law, and de¬ 
livered to the judges selected for such duty for trans¬ 
mission, the judges and clerks of the precincts shall not 
separate, nor any judge or clerk leave the polling place 
except from unavoidable necessity, under penalty of a 
fine of not less than fifty nor more than one hundred dol¬ 
lars. [97 V. 236.] 


Proclamation 
of result. 


Destruction of 

ballots 

counted]. 


Preservation 
of disputed 
ballots. 


Making, 
transmission 
and preserva¬ 
tion of re¬ 
turns, tally- 
sheets and 
poll-books. 


Registration 

cities. 

Period during 
which Judges 
and clerks 
shall not sep¬ 
arate or leave 
polling place 
under penalty. 


128 


OHIO ELECTION LAWS. 


Penalty for 
offenses per¬ 
taining to 
printing or 
use of ballots. 


Penalty for 
offenses per¬ 
taining to cus¬ 
tody or de¬ 
livery of bal¬ 
lots, blanks, 
poll-books, 
cards of in¬ 
struction, etc. 


Penalty for 
offenses per¬ 
taining to 
certificates of 
nomination, 
nomination 
papers, letters 
of withdrawal, 
ballots, cards 
of instruction, 
supplies for 
marking bal¬ 
lots, delaying 
voters, etc. 


PRINTING FALSE BALLOT. 

(2966-41.) Sec. 26. Any printer employed to print 
the official ballots, or any person engaged in printing the 
same, who shall print or cause or permit to be printed, 
any official ballots printed otherwise than according to 
the copy for the same furnished him by the said clerk or 
board of elections, or any false or fraudulent ballots, or 
who appropriates to himself or gives or delivers or know¬ 
ingly permits to be taken any of said ballots by any 
other person than the said clerk or board, or who know¬ 
ingly and wilfully seals up or causes or permits to be 
sealed up or delivers to the said clerk or board, a less 
number of ballots than the number indorsed thereon; 
and any person who shall knowingly have in his posses¬ 
sion any official ballot illegally obtained, or shall know¬ 
ingly attempt to vote any other than an official ballot 
lawfully obtained, shall be deemed guilty of a misde¬ 
meanor, and be fined not less than two hundred and 
fifty nor more than one thousand dollars, or be impris¬ 
oned not less than thirty days nor more than six months 
or both. [89 V. 449.J 

(2966-42.) Sec. 27. Any judge or clerk of election, 
or printer or other person entrusted with the custody or 
delivery of ballots, blanks, poll-books, cards of instruc¬ 
tion or other required papers, who shall unlawfully open 
or permit to be opened, any sealed package containing 
ballots, or who ,shall give or deliver to any person not 
lawfully entitled thereto, or shall unlawfully misplace or 
carry away, or shall negligently lose, or permit to be 
taken from him, or fail to deliver, or shall, except as in 
this act provided, destroy any such package of ballots, 
or any ballot, blank, poll-book, card of instruction, or 
other required paper, shall be fined not less than one 
hundred dollars, nor more than one thousand dollars, or 
imprisoned in jail not more than one year, or both. [89 
V. 449.] 

DESTROYING, DEFACING BALLOTS, ETC. 

(2966-43.) Sec. 28. Any person who shall falsely 
make or wilfully deface or destroy any certificate of nom¬ 
ination, or nomination papers, or any part thereof, or 
any letter of withdrawal, or sign any such certificate or 
paper contrary to the provisions of this act, or file any 
certificate of nomination, or nomination paper or letter 
of withdrawal, knowing the same or any part thereof to 
be falsely made, or suppress any certificate of nomina¬ 
tion or nomination paper, or any part thereof, which has 
been duly filed, or forge or falsely make the official en¬ 
dorsement on any ballot; or shall wilfully deface, tear 
down, remove or destroy any card of instructions or 


OHIO ELECTION LAWS. 


129 


Specimen ballot printed and posted for the instruction 
of voters, or during an election wilfully remove or de¬ 
stroy any of the supplies or conveniences furnished to 
enable a voter to prepare his ballot, or shall wilfully de¬ 
stroy or deface any ballot, or shall take or remove or 
be found in the possession of any ballot outside of the 
inclosure provided for voting before the close of the polls, 
or shall wilfully hinder or delay the delivery of any bal¬ 
lots, or shall wilfully hinder or delay the voting of others, 
shall be punished by a fine of not less than one hundred 
dollars and not more than one thousand dollars, or im¬ 
prisonment in jail not more than one year, or by both fine 
and imprisonment. [89 v. 449.] 


MISLEADING VOTER—PENALTY. 

(2966-44.) Sec. 29. Any judge or clerk who shall 
mislead an illiterate voter or a voter who is blind or for 
any reason unable to prepare his ballot, or who shall pre¬ 
pare a ballot for such voter otherwise than is directed by 
him, or who shall disclose to any person, except when 
legally required to do so, how such voter directed his bal¬ 
lot to be prepared, or how he voted, shall be fined not 
less than one hundred nor more than one thousand 
dollars, and imprisoned in jail not less than three nor 
more than twelve months. [89 v. 450.] 


PENALTY—EXPOSING BALLOT, DECEIVING 
ELECTOR, ETC. 

(2966-45.) Sec. 30. Any elector who shall, except 
as otherwise herein provided, allow his ballot to be seen 
by any person, with an apparent intention of letting it be 
known how he is about to vote, or shall purposely 
mark his ballot so it may be identified after it. has been 
cast, or who shall make a false statement as to his in¬ 
ability to mark his ballot, or any election officer who 
shall deceive any elector in marking his ballot, or mark 
the same in any way other than as requested by such elector, 
under the provisions of this act, or any person who shall 
interfere, or attempt to interfere, with any elector when 
inside said inclosed place, or when marking his ballot, 
or shall attempt to speak or converse with any person 
while within the guard-rail, except as herein provided, 
or who shall endeavor to induce any elector, after vot¬ 
ing, to show how he has marked his ballot, shall be pun¬ 
ished by a fine of not less than twenty-five dollars nor 
more than five hundred dollars, or by imprisonment in 
the jail not more than six months, or by both such fine 
and imprisonment. [89 v. 450.] 


Penalty for 
misleading 
voter, or dis¬ 
closing how 
he voted. 


Penalty for 
offenses per¬ 
taining to 
marking of 
ballots, voting, 
etc. 


9-E. L. 


130 


OHIO ELECTION LAWS. 


Penalty for 
violation, neg¬ 
lect, or wrong 
performance 
of duty, or 
disobedience, 
by public 
officer. 


Prosecution of 
violations. 


Penalty for 
giving bribe. 


PENALTY FOR NEGLECT OF DUTY. 

(2966-46.) Sec. 31. Any public officer upon whom 
a duty is imposed by this act who shall wilfully or neg¬ 
ligently violate his said duty; or who shall wilfully neg¬ 
lect to perform such duty, or who shall wilfully perform 
it in such a way as to hinder the objects of this act, or 
who shall wilfully disobey any provisions of this act, 
shall be punished by a fine of not less than fifty dollars 
nor'more than one thousand dollars, or by imprisonment 
in jail not more than one year, or by both such fine and 
imprisonment. [89 v. 450.] 

(2966-47.) Sec. 31a. It shall be the duty of the 
prosecuting attorney of any county, upon the request of 
the state supervisor of elections, or at the instance of the 
deputy state supervisors of the county, to prosecute vio¬ 
lations of this act. [91 V. 119.] 


GIVING BRIBE. 

(2966-48.) Sec. 32. Whoever, directly or indirect¬ 
ly, by himself, or through any other person, either, 

1. Gives or lends, or offers or promises to give or 
lend, or to procure or endeavor to procure, any money 
or other valuable consideration, to or for any elector, 
or to or for any other person, to induce any elector to 
register or refrain from registering for any election, or to 
vote or refrain from voting.at any election, or to vote or 
refrain from voting at such election for any particular 
person or persons, or questions or propositions, or on 
account of any such elector having registered or re¬ 
frained from registering, or voted or refrained from vot¬ 
ing, or voted or refrained from voting for any particular 
person or persons, or question or proposition; or, 

2. Gives, offers or procures or promises to procure or 
endeavors to procure, any office, place or employment, to 
or for any elector or to or for any other person, in order to 
induce any elector to register, or refrain from registering, 
for any election, or to vote or refrain from voting at any 
election, or to vote or refrain from voting at such elec¬ 
tion for any particular person or persons, or questions or 
proposition; or, 

3. Advances or pays, or causes to be paid, any 
money or other valuable thing to or for the use of any 
other person, with the intent that the same or any part 
thereof shall be used in bribery at any election, shall be 
fined not more than five hundred dollars, or imprisoned 
in the penitentiary not more than three years, or both. 
[89 V. 451.] 


pHIO ELECTION LAWS. 

JIECEIVING BRIBE. 


131 


(2966-49.) Sec. 33. Whoever, being an elector, di- penalty for 
rectly or indirectly, by himself or through any other 
person, receives, agrees or contracts for, before, during 
or after an election, any money, gift, loan or other 
valuable consideration, office, place or employment, for 
himself or any other person, for registering or agreeing 
to register, or for refraining or agreeing to refrain from 
registering for any election, or for voting or agreeing to 
vote, or for refraining or agreeing to refrain from voting 
at any election, or for voting or agreeing to vote, or re¬ 
fraining or agreeing to refrain from voting for any par¬ 
ticular person or persons, or proposition or question, at 
any election, shall be fined not more than five hundred 
dollars or imprisoned not more than one year, or both. 

[89 V. 451.] 


INTIMIDATING VOTER. 

(2966-50.) Sec. 34. Whoever, directly or indirect- penalty for 
ly, by himself or through any other person, makes use of, 
or threatens to make use of, any force, violence or re- pedmg free 
straint, or inflicts, or threatens to inflict, any injury, tfecUve fran- 
damage, harm or loss, or threatens to enforce the pay- cWse. 
ment of a debt against, or to begin a criminal prosecu¬ 
tion against, or to injure the business or trade of, or in 
any manner practices intimidation upon or against any 
person, in order to induce or compel such person to vote 
or refrain from voting, or to vote or refrain 
from voting for any particular candidate or 
candidates; or if any employer of laborers, or an agent 
of such employer, whether a corporation or otherwise, 
does any of the acts aforesaid, or threatens to withhold 
or reduce the wages of, or to dismiss from service any 
employe, in order to induce or to compel such employe 
to vote or refrain from voting for any particular candi¬ 
date or candidates at any election; and whoever by any 
sort of duress, constraint or improper influence, or by 
any fraudulent or improper device or contrivance, im¬ 
pedes or prevents, or otherwise interferes with the free 
exercise of the elective franchise of any elector, shall be 
fined not more than two thousand dollars or imprisoned 
in the penitentiary not more than three years, or both. 

[89 V. 452.] 

(2966-50.) Sec. 340. Any person entitled to vote ft*” 

at a general election in this state shall, on the day of such from 
election, be entitled to absent himself from any service to°vote. 
or employment in which he is then engaged or employed 
for a period of two hours between the time of opening 
and closing the polls; and such voter shall not because 
of so absenting himself be liable to any penalty; pro- 


182 


OHIO ELECTION LAWS. 


Penalty for 
refusing em¬ 
ploye privi¬ 
lege to vote or 
subjecting 
him to 
penalty. 


Legislation as 
to prosecu¬ 
tions under 
penal aiec- 
tions. 


Competent 
witness in 
prosecution 
for bribery, 
intimidation, 
or impeding 
or preventing 
free exercise 
of elective 
franchise. 


Forfeiture of 
office for giv¬ 
ing bribe. 


Disfranchise¬ 
ment for re¬ 
ceiving bribe. 


Legal holiday. 


vided, however, that application for leave of absence shall 
be made prior to the day of the election; the employer 
may specify the hours during which said employe rnay 
absent himself as aforesaid. Any person or corporation 
who shall refuse to an employe the privilege hereby con¬ 
ferred, or shall subject the employe to a penalty because 
of the exercise of such privilege, or who shall, directly 
or indirectly, violate the provisions of this section, shall 
be deemed guilty of a misdemeanor and be fined in any 
sum not less than five ($5.00) dollars nor more than one 
hundred ($100.00) dollars. [94 v. 232.] 

OFFENDER COMPELLED TO TESTIFY. 

(2966-51.Sec. 35. Prosecutions under all the 
penal sections of this act and of the Revised Statutes 
pertaining to the conduct of elections, must be com¬ 
menced within six months after the commission of the 
act complained of. A person offending against any pro¬ 
vision of sections 32, 33 and 34 of this act is a competent 
witness against another person so offending, and may be 
compelled to attend and testify upon any trial, hearing or 
investigation, in the same manner as any other person. 
But the testimony so given shall not be used in any 
prosecution or proceeding, civil or criminal, against the 
person so testifying. A person so testifying shall not be 
liable thereafter to indictment, prosecution or punish¬ 
ment, for the offense with reference to which his testi¬ 
mony may be given, and may plead or prove the giving 
of testimony accordingly, in bar of such indictment or 
prosecution. When a person is convicted of any offense 
described in section 32 of this act, he shall, in addition 
to the punishment therein prescribed, forfeit any office 
to which he may have been elected at the election with 
reference to which such offense was committed, and 
when a person is convicted of any offense mentioned in 
section 33 of this act, he shall, in addition to the punish¬ 
ment therein prescribed, be excluded from the rights of 
suffrage for a period of five years after such conviction. 
[89 V. 452.] 


LEGAL HOLIDAY. 

Section 6. The first Tuesday after the first Mon¬ 
day in November of each year, from and between the 
hours of five-thirty o’clock a. m. and nine o’clock a. m., 
shall be, for election purposes only, a legal part holiday. 
And no person who is an elector shall be compelled or re¬ 
quired to perform any labor between said hours, nor 
shall any employer or his or its officers or agents dis¬ 
charge any such person because he fails or refuses to la¬ 
bor between said hours, or require or order such employe 
to accompany him to the voting place of such employe; 


OHIO ELECTION LAWS. 


138 


and any person violating any of the provisions of this act, 
shall, upon conviction be fined not more than twenty- 
five dollars. [97 v. 238.] 

ABSTRACTS AND RETURNS. 

Sec. 2980. In not less than one nor more than five 
days after the election, or sooner, in case the returns are 
made, the deputy state supervisors shall proceed to open 
the several returns made to them and make abstracts 
of the votes in the following manner, viz.: 

1. Upon a single sheet, an abstract of votes for gov¬ 
ernor, lieutenant-governor, secretary of state, auditor of 
state, treasurer of state and attorney-general. 

2. Upon another sheet, an abstract of votes for gov¬ 
ernor, lieutenant-governor, secretary of state, auditor of 
state, treasurer of state, attorney-general, state com¬ 
missioner of common* schools, member of the board of 
public works, judge of the supreme court, clerk of the 
supreme court, dairy and food commissioner and repre¬ 
sentatives to congress. 

3. And upon another sheet, an abstract of votes for 
governor, lieutenant-governor, secretary of state, treas¬ 
urer of state, attorney-general, state commissioner of com¬ 
mon schools, member of the board of public works, judge 
of the supreme court, clerk of the supreme court, dairy 
and food commissioner, judge of the circuit court, judge 
of the common pleas court, representative to congress, 
senators and representatives to the general assembly, 
judge of the probate court, clerk of the common pleas 
court, sheriff, county auditor, county commissioner, 
county treasurer, county recorder, county surveyor, 
prosecuting attorney, infirmary director and coroner. 
[90 V. 279.] 

(2981-1.) That whenever any judge of any court of 
this state, representative of the general assembly, or 
other district or county officer, is to be elected at any 
April or special election, the judges of such election shall 
make return of the poll-books of such election to the 
deputy state supervisors of their respective counties, and 
they shall, on the sixth day or sooner in case the returns 
are all made, proceed to open such returns and make an 
abstract of the votes cast for such officers, and make and 
deliver to the person or persons elected certificates of 
their election. Provided, however, if such officer is to be 
elected by two or more counties joined in the same cir¬ 
cuit or district, then the deputy state supervisors of the 
county or counties comprising such circuit or district, 
excepting the chief deputy state supervisor of the county 
in such circuit or district having the largest population, 
shall, within eight days after such election, transmit by 
mail to the deputy state supervisors of the county in 
such circuit or district having the largest population an 


Opening re¬ 
turns and 
making ab¬ 
stracts of 
votes. 


Returns, ab¬ 
stracts and 
certificates of 
certain officers 
elected at 
special 
elections. 


When two or 
more counties 
joined in 
same circuit or 
district. 


134 


OHIO ELECTION LAWS. 


Provisions re¬ 
lating to poli- 
books, ab¬ 
stracts and 
validity of 
returns. 


Making and 
transmission 
of certain 
copies of ao- 
stracts. 


When presi¬ 
dent of the 
senate to open 
and publish 
abstracts. 


abstract showing the number of votes given in each pre¬ 
cinct in their respective counties for each person who 
received votes for any office to be filled by such circuit 
or district; such abstract shall be attested by the chief 
deputy state supervisor and clerk of the board, and in¬ 
closed in an envelope, so indorsed as to show distinctly 
that it is an abstract of votes, for what office or offices, 
and from what county the same was transmitted; and 
such abstract shall be canvassed by the deputy state 
supervisors to whom transmitted, who shall incorporate 
the same in an abstract with returns from the precincts 
of their county for such office or offices, and make and 
transmit to the person or persons elected certificates of 
their election. [90 v. 281.] 

Sec. 2982. The deputy state supervisors shall not 
receive any paper as a poll-book of any precinct unless 
it be delivered to them by one of the judges of the elec¬ 
tion held in such precinct; and, in making the abstract 
of votes, they shall not decide on the validity of the 
returns, but shall be governed by the number of votes 
stated in the returns; and they shall certify and sign 
the abstracts and deposit the same in the office of the 
deputy state supervisors. [90 v. 279.] 


Sec. 2983. The deputy state supervisor shall make 
and certify duplicate copies of abstract number one, and 
inclose and seal the same, and indorse on the envelope 
‘‘Certificate of the votes for governor, lieutenant-gov¬ 
ernor, secretary of state, auditor of state, treasurer of 
state and attorney-generdl” (either or all as the case' may 
be), and the name of the county in which the votes were 
given; and shall direct and forward one copy thereof by 
mail to the president of the senate, at Columbus, and 
shall deliver the other copy to a member of the general 
assembly, who shall deliver the same to the president of 
the senate, at Columbus; and shall also forthwith make, 
certify, seal and indorse, in manner aforesaid, a copy of 
abstracts numbers two and three, and transmit the same 
by mail to the secretary of state, at Columbus. [90 
V. 280.1 


Sec. 2984. The president of the senate shall, during 
the first week of the session of the general assembly, 
open and publish the abstracts of votes by him received, 
in conformity to third section of the third arti¬ 
cle of the constitution of the state; but if the abstract 
from any county has not been received by him, recourse 
shall be had to abstract number two or three, in the 
office of the secretary of state. [50 v. 311, § 21.] 


OHIO ELECTION LAWS. 


135 


Sec. 2985. If the general assembly of the state should 
not be in session in January, previous to the second Monday 
thereof, next after an election for all or any of the executive 
officers of the state, the governor and secretary of state shall, 
within five days thereafter, in the office of the secretary of 
state, in the presence of at least two of the judges of the 
supreme court, open the returns of abstract number two, 
made to the secretary of state, for said offices; and if such 
returns have not been received from all the counties, re> 
course shall be had, for such delinquent counties, to the re¬ 
turns of the abstract number three; and they shall forthwith 
proceed to ascertain the number of votes given for the dif¬ 
ferent persons, for the several offices of governor, lieutenant- 
governor, secretary of state, auditor of state, treasurer of 
state, and attorney-general, as the case may be; and the per¬ 
sons having the highest number of votes for any of said of¬ 
fices shall be considered duly elected, and shall be so declared 
by the governor; but if it appear, from the returns of ab¬ 
stracts aforesaid, that two or more persons have the 
highest and an equal number of votes for any of said 
offices, the governor shall communicate such fact to the 
general assembly, by message, at its first session there¬ 
after. [82 V. 52.] 

Sec. 2986. Within ten days after the first day of 
December next after such election, the governor and secre¬ 
tary of state shall, in the office of the secretary of state, in 
the presence of the auditor of state and attorney-general 
open the returns of abstract number two, made to the 
secretary of state, for state commissioner of common 
schools, member of the board of public works, judge of 
the supreme court, clerk of the supreme court, and rep¬ 
resentatives to congress for each congressional district; 
and if it appear that returns have been received from all 
the counties, agreeably to the provisions of this chapter, 
the governor and secretary of state shall forthwith pro¬ 
ceed to ascertain the number of votes given for the dif¬ 
ferent persons for such offices. [50 v. 311, § 24.] 

Sec. 2987. If such returns have not been received 
from all the counties, and returns of abstract number 
three have been received by the secretary of state from 
the delinquent counties, agreeably to the provisions of 
this chapter, the governor and secretary of state shall 
be governed, so far as relates to such delinquent coun¬ 
ties, by the last mentioned abstracts; and the persons 
having the highest number of votes for the respective 
offices named in section twenty-nine hundred and eighty- 
six shall be considered duly elected; and the secretary 
of state may open the returns of abstract number three as 
they are severally received by him. [50 v. 311, § 25.] 


If general 
assembly not 
in session 
who to open 
and canvass 
certain returns 
of election, 
and how. 


When govern¬ 
or and secre¬ 
tary of state 
to canvass 
certain re¬ 
turns. 


When other 
returns may 
be used in 
the canvass. 


136 


OHIO ELECTION LAWS. 


Vacancy In 
office of rep¬ 
resentative to 
congress and 
members of 
general as¬ 
sembly—how 
filled. 


Making, fil¬ 
ing and trans¬ 
mission of 
certified cop¬ 
ies of ab¬ 
stracts in 
election to fill 
vacancy in 
office of mem¬ 
ber of con¬ 
gress. 


Votes to be 
canvassed by 
secretary of 
state. 


Tie votes for 
congressman 
to be decided 
by lot. 


Sec. 2988. Whenever a vacancy happens in the 
office of representative to congress, or senator or repre¬ 
sentative to the general assembly, the governor shall, 
upon satisfactory information thereof, issue a writ of 
election, directing that a special election be held to fill 
such vacancy, in the territory entitled to fill the same, on 
a day which shall be specified in the writ; such writ 
shall be directed to the sheriff or sheriffs within such 
territory, who shall give notice of the time and places 
of holding such election, as in other cases; and such 
election shall be held and conducted, and returns thereof 
made, as in case of a regular election. [50 v. 311, § 28.] 

Sec. 2989. In any election for member of congress, 
to fill a vacancy, the deputy state supervisors of each 
county embraced in the district in which the election is 
held shall, within six days after the election, make, and 
certify an abstract, in duplicate, of the votes cast at such 
election in their county. Such deputy state supervisors 
shall file one copy of the abstract in their office and shall 
inclose the other in an envelope, so indorsed as to show 
distinctly that it is an abstract of votes, for what office 
and from what county, and transmit it, without delay, to 
the secretary of state; if the secretary of state fails to re¬ 
ceive the abstract from any county within twelve days 
after such election, he shall forthwith notify the deputy 
state supervisors of such county thereof; and they shall, 
on receipt of the notice, forthwith make and transmit to 
the secretary of state a certified copy of the duplicate on 
file in their office. [90 v. 280.] 


Sec. 2990. The secretary of state shall, on the twenty- 
first day after the holding of such special election, or 
sooner, if all the returns have been received, in the pres¬ 
ence of the governor, or, in his absence, in the presence 
of the auditor and treasurer of state, (who are required 
to attend forthwith at the office of the secretary of state, 
on notice given by the secretary), open the abstracts, 
and canvass the votes; and the person having the great¬ 
est number of votes shall be declared duly elected, and 
the governor shall forthwith transmit to him by mail a 
certificate of his election. [50 v. 311, § 30; S. & C. 538.] 


Sec. 2991. If it appears from the returns of abstracts 
that two or more persons, in any congressional district, 
have the highest and an equal number of votes for repre¬ 
sentative to congress, the governor and secretary of 
state shall decide by lot which of said persons is duly 
elected; and the governor shall transmit to each person 
so elected a certificate of his election, which certificate 


OHIO ELECTION LAWS. 


137 


shall be signed by the governor, sealed with the great 
seal of the state, and countersigned by the secretary of 
state. [50 V. 311, § 26; S. & C. 537.] 

Sec. 2992. In cases where the returns of ab¬ 
stracts from all the counties composing a congressional 
district are not made within the time required by law, 
and in cases where any of them are made after the cer¬ 
tificate of election has been forwarded to the person who, 
according to the-abstracts received, has the highest num¬ 
ber of votes, the secretary of state shall, in the presence 
of the governor, or, if he is absent, in the presence of the 
auditor and treasurer of state, when such abstracts shall 
have been received, open the same, and the governor 
shall certify them to the speaker of the house of repre¬ 
sentatives of the United States. [50 v. 311, § 50; S. & C. 
542 .] 

Sec. 2994. When two or more counties are joined in 
a judicial district, or in a judicial, senatorial or repre¬ 
sentative district, the deputy state supervisors of each 
county of such circuit or district having a population not 
the largest shall make and, within eight days after the 
day of election transmit by mail to the deputy state su¬ 
pervisors of the county in the circuit or district having the 
largest population an abstract showing the number of 
votes given in each election precinct in such county for 
each person who received votes for any office to be filled 
by the circuit or district; such abstract shall be attested 
by the deputy state supervisors and enclosed in an en¬ 
velope so indorsed as to show distinctly that it is an ab¬ 
stract of votes, for what offices, and from what county; 
and it shall be opened and canvassed, as provided in sec¬ 
tion 2980, by the deputy state supervisors to whom 
transmitted, who shall incorporate the same in an ab¬ 
stract with the returns from the precinct of their county 
for such offices, and shall make and transmit to the per¬ 
sons elected certificates of their election. [90 v. 280.] 


When ab- 
stractff to be 
recan¬ 
vassed, and 
other certifi¬ 
cates issued. 


Making and 
transmission 
of certified 
copies of ab¬ 
stracts and 
certificates of 
election in 
circuits and 
districts. 


138 


OHIO ELECTION LAWS. 


CONSTITUTIONAL AMENDMENTS AND OTHER 
QUESTIONS. 


AN ACT 


Number of 
votes neces¬ 
sary to au¬ 
thorize per¬ 
formance of 
act when 
statute pro¬ 
viding for 
submission of 
question is 
silent. 


Submission of 
question when 
special elec¬ 
tion not pro¬ 
vided for. 


To regulate voting in cases where statute provides for a vote 
being taken on any question, but is silent as to number of 
votes necessary to authorize the act voted upon. 

(2996-^.) That in any and all cases where it is 
provided by statute that any question shall be submitted 
to the qualified voters of any township, village, county 
or city in the state of Ohio, and the statute so providing 
is silent as to the number of votes necessary to authorize 
the performing of the act voted upon, such statute shall 
be held to mean that a majority of all the qualified voters 
voting at said election must vote in favor thereof in order 
to authorize the same. [90 v. 130.] 

(2996-2.) Unless the act so providing for the submit¬ 
ting of an^y question to the qualified voters of any town¬ 
ship, county, village or city also provides for the calling 
of a special election for that purpose, no special election 
shall be so called, and the question so to be voted upon 
shall be submitted at a regular election in such township, 
county, village or city, and notice that such question is 
to be voted upon shall be embodied in the proclamation 
for such election. [90 v. 130.] 


Constitutional 
amendment; 
state con¬ 
vention of po¬ 
litical party 
may take ac¬ 
tion in favor 
or against 
adoption of. 

Certification 
of action to 
secretary of 
state, and 
printing upon 
ballot. 


Manner of 
printing on 
ballot. 


CONSTITUTIONAL AMENDMENTS. 

(2976-1.) Sec. I. That whenever the approval of any 
constitutional amendment is to be submitted to a vote of 
the people, any state convention of a political party, 
which at the last preceding general election polled at 
least one per cent, of the entire vote cast in the state, 
may take action in favor of, or against the adoption of 
such constitutional amendment to be submitted at the 
next succeeding annual election, and shall certify such 
action to the secretary of state in the manner provided 
for certifying nominations for state officers, whereupon 
said action upon such constitutional amendment shall be 
printed upon the regular ballot at said election as a part 
of the party ticket of said party in the manner herein¬ 
after provided. 

(2976-2.) Sec. 2. Such constitutional amendment or 
amendments shall be stated in words sufficient to clearly des¬ 
ignate the same, and such statement or statements shall 
be printed in a separate column on the regular ballot. 
On the line below such statement shall be printed the 
word “Yes,” and on the next line below shall be printed 
the word “No” provided that said statement shall also be 
placed on the official ballot immediately below the names 
of the candidates for state offices on the regular ticket 



OHIO ELECTION LAWS. 


189 


of any party or parties certifying action thereon as pro¬ 
vided in section i of this act, being followed by the word 
“yes” or the word “no” accordingly as affirmative or 
negative action shall have been certified thereon by said 
party or parties, and said statement of said amendment 
or question, with the action taken thereon by said party, 
shall thereupon become a part of said party ticket. 

(2976-3.) Sec. 3. The elector shall observe the fol¬ 
lowing rules in [marking] making the ballot. 

1. He may make a cross in the blank space to the 
left of and before the answer he desires to give to the 
submission of any constitutional amendment, in the 
separate column devoted to said amendment, or he may 
make a cross mark in the blank space to the left of and 
before the statement, and answer thereto, of any consti¬ 
tutional amendment, as the same may be printed and 
certified on the ticket of any political party; whereupon, 
such mark shall cast his ballot for the answer opposite 
which it is made. 

2. The voter may make a cross mark in the blank 
circular space at the head of any ticket upon which is 
printed the statement of any constitutional amendment 
or question, and the certified answer thereto, which mark 
shall cast his ballot for the certified answer to the sub¬ 
mission of each and every constitutional amendment so 
printed on said ticket, unless he shall have specificall}'- 
answered any of said constitutional amendments other¬ 
wise elsewhere on the ballot in the manner heretofore 
stated. 

(2976-4.) Sec. 4. Save as otherwise provided herein, 
all of the provisions of title 15, chapter 2, of the Revised 
Statutes of Ohio, and all acts amendatory and supplementary 
thereto, shall apply to the election herein provided for, 
and all the provisions of said law, or laws, relating to 
the marking and counting of ballots for candidates, not 
inconsistent herewith, shall apply to the marking and 
counting of votes upon any constitutional amendment 
in any election held under the provisions of this act. 

[95 V. 352.] 

Section i. That at the general election to be held 
on the first Tuesday after the first Monday in November, 
1905, the judges and clerks of election in each township, 
ward and precinct shall, in addition to the returns pro¬ 
vided by law, at the same time make return of the vote 
cast for and against any proposed amendments that may 
be submitted to the voters of the state for adoption or 
rejection at such election. 

Section 2. A return, additional to the return now 
required by law to be made of the votes cast at such 
election for state officers and senators and representa¬ 
tives, and also for and against said proposed amendment 


How ballot to 
be marked. 


Application of 
other laws. 


Return of vote 
cast for or 
against con¬ 
stitutional 
amendment. 


Return by 
deputy state 
supervisors 
of election to 
state super¬ 
visor of elec¬ 
tions. 


140 


OHIO ELECTION LAWS. 


Canvass of 
vote. 


Publication 
of proposed 
amendments 
to constitu¬ 
tion. 


Charges for 
publication. 


When a name 
printed on a 
ticket fraudu¬ 
lent. 


or amendments to the constitution, shall be certified and 
made by the deputy supervisors of election of each coun¬ 
ty to the state supervisor of elections, within ten days 
after said election; and within twenty days after said 
election the governor, secretary of state and attorney- 
general shall open said returns, and count the votes, and 
ascertain whether or not a majority of the votes cast at 
said election have been cast for said proposed amend¬ 
ment or amendments, or either of them; and if it appears 
that a majority of the votes cast at said election have 
been cast for said proposed amendment or amendments, 
or either of them, the governor shall make proclamation 
thereof without delay. 

Section 3. The state supervisor of public printing shall 
cause the amendments to the constitution proposed at 
the present session of the general assembly to be pub¬ 
lished once each week in not less than one newspaper of 
general circulation in each county of the state wherein a 
newspaper is published, once each week for six months, 
and until the first Tuesday after the first Monday of 
November, 1905, and in counties where newspapers of 
general circulation represent each of the two leading 
political parties, then such amendments shall be pub¬ 
lished in one newspaper of each political party once each 
week for six months, and until said first Tuesday after 
the first Monday of November, 1905; and in counties 
having a German newspaper of general circulation, once 
a week in a German newspaper for said time; and in 
counties having two German newspapers of opposite 
politics, of general circulation in the county, it shall be 
published in each of such German newspapers. 

Section 4. The charges for publication shall not ex¬ 
ceed sixty per cent, of the rates established in section 
four thousand three hundred and sixty-six (4,366) of 
the Revised Statutes for legal advertising. The cost of 
publication shall be paid out of the state treasury from 
any money not otherwise appropriated, upon the warrant 
of the auditor of state, upon vouchers approved by the 
supervisor of public printing who shall make legal 
measurement of the matter published. [97 v. 484.] 


FRAUDULENT BALLOTS. 

Sec. 2952. When a ballot, with certain designated 
heading, contains, printed thereon in place of another, a 
name not found on the regular ballot having such head¬ 
ing, such name shall be regarded by the judees as having 
been placed thereon for' the purpose of fraud, and the 
ballot shall not be counted for the name so found. [71 

V. 31. §2-] 


OHIO ELECTION LAWS. 


141 


Sec. 2953. When two or more ballots are found 
folded or rolled together, it shall be conclusive evidence 
of their being fraudulent, and neither shall be counted. 
[50 V. 311, § 14.] 

Sec. 2954. If a ballot contain a greater number of 
names for any one office than the number of persons re¬ 
quired to fill that office, it shall be considered fraudu¬ 
lent as to the whole of the names designated to fill such 
office, but no further. [50 v. 311, § 15.] 

Sec. 2955. A ballot shall not be considered fraudu¬ 
lent for containing a less number of names than are au¬ 
thorized to be inserted. [50 v. 311, § 16.] 

INDICTMENT. 

Sec. 7225. When an offense is committed in rela¬ 
tion to any election, an indictment for such offense shall 
be deemed sufficient if it allege that such election was 
authorized by law, without stating the names of the offi¬ 
cers holding the election, or the persons voted for, or the 
offices to be filled, at such election. [66 v. 302, § 98.] 

Sec. 7226. Counts under sections seven thousand 
and forty-four, seven thousand and sixty-four, seven 
thousand and sixty-five, and seven thousand and sixty- 
six, may be joined in the same indictment against the 
same defendant, for acts committed with reference to 
the same election; and evidence offered.on any one count 
shall be competent evidence to prove the intent charged 
in any other count of the indictment. [76 v. 75, § 6.] 

CRIMES AND OFFENSES. 

Sec. 6797. A person convicted of felony shall, unless 
his sentence be reversed or annulled, be incompetent to 
be an elector or juror, or to hold any office of honor, 
trust or profit in this state; the pardon of a convict shall 
effect a restoration of the rights and privileges so for¬ 
feited, or they may be restored as provided in section 
seven thousand four hundred and thirty-two; but a par¬ 
don shall not release a convict from the costs of his con¬ 
viction, unless so stated therein. [78 v. 90.] 

Sec. 6798. A person who has been actually impris- 
onded in the penitentiary of any other state of the United 
States, under sentence for the commission of any crime 
punishable by the laws of this state by imprisonment in 
the penitentiary, is incompetent to be am elector or 
juror, or to hold any office of honor, trust or profit with¬ 
in this state, unless he shall have received a general par¬ 
don from the governor of the state in which he may have 


When two or 
more ballots 
are folded to¬ 
gether. 


When a ballot 
contains too 
many names. 


Ballots may 
contain less 
names than 
authorized. 


How election 
to be averred. 


Counts for 
bribery, etc., 
at elections 
may be 
joined. 


Convict in¬ 
competent to 
be an elector, 
or juror, un¬ 
less pardoned 
or restored to 
citizenship. 


Convict of 
other state 
disfranchised. 


142 


OHIO ELECTION LAWS. 


Betting on 
election; how 
punished. 


No intoxicat¬ 
ing liquors to 
be sold on 
election days 
and drinking 
places to be 
closed. 


Offering 
bribes for 
votes at 
primary elec¬ 
tions; penalty. 


Attempting to 
intimidate 
electors or 
judges at 
such election. 


Bribery of 
delegates or 
electors. 


been imprisoned, agreeably to the laws thereof. [40 
V. 30, §1; 73 V. 127, § 33.] 

Sec. 6939. Whosoever makes any bet or wager, sells 
or purchases any pools, on the result of any election held 
under the laws of this state, or upon the election of any 
person to any office, post or situation, which by the con¬ 
stitution or laws of this state is made elective, or upon the 
election of president or vice-president of the United 
States, or of any elector of president or vice-president of 
the United States, shall be fined not more than five hun¬ 
dred nor less than five dollars, or imprisoned not less 
than ten days, or more than six months; and when the 
amount put at hazard is between said sums, the fine shall 
equal the amount so hazarded. Prosecutions under this 
section shall be commenced within one year from the 
time the offense is committed. [75 v. 57, §11.] 

Sec. 6948. Whoever sells, or gives away, any spiritu¬ 
ous, vinous, or malt liquors on any election day, or, be¬ 
ing the keeper of a place where any such liquors are 
habitually sold and drank, fails on any election day to 
keep the same closed, shall be fined not more than one 
hundred dollars, and imprisoned not more than ten days. 
[61 V. 24.] 

Sec. 7039. Whoever gives any money, property, fee 
or reward of any kind or nature, directly or indirectly, 
for the vote, or for the influence of any person in favor 
of or against any candidate for nomination at any elec¬ 
tion held under the provisions of law relating to pri¬ 
mary elections, or. at any primary election held by any 
political party, whether the same be held in pursuance 
of the laws relating to primary elections within this 
state, or otherwise, shall be fined not less than one hun¬ 
dred dollars, and be imprisoned in the penitentiary not 
more than two vears. [86 v. 363.] , 

Sec. 7040. Whoever, by threats, or otherwise, at¬ 
tempts to intimidate any elector, or any supervisor or 
judge of any election held under the acts mentioned in the 
last section, or in any manner interferes with or dis¬ 
turbs any such election, shall be fined not more than one 
hundred dollars, and imprisoned.not more than thirty nor 
less than twenty days. ’’68 v. 29, § 6.] 

Sec. 7041. Whoever gives directly or indirectly any 
reward, fee, money or property to influence the vote of 
any delegate or any elector in favor of or against any candi¬ 
date, or for any labor or service rendered to any candi¬ 
date for nomination or election, or to be rendered to any 
candidate for nomination or election to any office what¬ 
ever, or for any expense incurred, shall be fined not more 


OHIO ELECTION LAWS. 


143 


than five hundred dollars, and be imprisoned in the peni¬ 
tentiary not more than five years. [86 v. 363.] 

Sec. 7042. A candidate for nomination to any office, 
before any convention held under the acts named in sec¬ 
tion seven thousand and thirty-nine, who pays, or prom¬ 
ises to pay, directly or indirectly, any money or property, 
to any delegate, for the purpose of obtaining his influence 
or vote for such nomination in such convention, shall be 
fined not more than five hundred nor less than one hun¬ 
dred dollars, and, if nominated and elected to such office, 
shall be ineligible to hold the same, and shall be disqual¬ 
ified from voting or being nominated at any such elec¬ 
tion or convention. [71 v. 114, § 9.] 

Sec. 7043. A supervisor or judge of any such elec¬ 
tion who wilfully omits any duty imposed upon him by 
the provisions of chapter one, title fourteen, part first, 
and a person who votes at any such election, not being a 
citizen of the United States, or when he cannot'become 
a qualified voter at such precinct at the next public elec¬ 
tion, or casts a ballot after objection has been made and 
sustained to his vote, or who votes more than once at any 
such election, at the same or a different precinct or poll, shall 
be fined not more than two hundred nor less than fifty 
dollars, or imprisoned in the county jail not more than 
sixty nor less than ten days, or both. [68 v. 29, §§ 4, 5.] 

Sec. 7045. The subsequent sections of this chapter 
apply to all public elections authorized by the laws of 
this state. [51 v. 421, § i.] 

Sec. 7047. Whoever votes in any election precinct 
in which he has not actually resided for twenty days next 
preceding the election, or into which he shall have come 
for temporary purposes merely, shall be fined not more 
than five hundred dollars, or imprisoned not more than 
six nor less than three months. [73 v. 155, § 4.] 

Sec. 7048. Whoever, being a resident of this state, 
votes in any county in which he has not been an actual 
resident for thirty days next preceding the election, shall 
be imprisoned in the penitentiary not more than three 
years nor less than one year. [65 v. 100, § 5.] 

Sec. 7049. Whoever, being a resident of another 
state, votes at any election in this state, shall be impris¬ 
oned in the penitentiary not more than five years nor less 
than one year. [39 v. 13, § 7.] 

Sec. 7050. Whoever votes more than once at the 
same election shall be imprisoned in the penitentiary 
not more than five years nor less than one year. [39 v. 

13. § 6.] 


Candidate at 
such election 
paying or 
promising 
bribes. 


Penalties for 
omissions of 
duty and 
fraudulent 
voting. 


To what elec¬ 
tions subse¬ 
quent sections 
applicable. 


Voting, not 
being a resi¬ 
dent of the 
precinct twen¬ 
ty days. 


Voting, not 
being a resi¬ 
dent of the 
county thirty 
days. 


Voting, not 
being a resi¬ 
dent of this 
state. 


Voting more 
than once at 
the same elec¬ 
tion. 


144 


OHIO ELECTION LAWS. 


Voting with¬ 
out a resi¬ 
dence of one 
year; not be¬ 
ing twenty- 
one years of 
age; not a 
citizen; con¬ 
victed of 
crime and not 
pardoned. 


Procuring 
illegal vote. 


Procuring an 
elector to go 
or come into 
a county of 
which he is 
not a resident 
to vote. 


Deceiving an 
elector who 
can not read. 


Fraudulent 

voting. 


Judges post¬ 
poning count 
ing, adjourn¬ 
ing, or re¬ 
moving ballot- 
box. 


Sec. 7051. Whoever votes at any election, not hav¬ 
ing been a resident of this state for one year immediately 
preceding the election, or not being twenty-one years of 
age, knowing that he is not of full age, or not being a 
citizen of the United States, knowing that he is not such 
citizen, or being disqualified by a conviction of crime, 
and not pardoned and restored to all the rights of a citi¬ 
zen, shall be imprisoned not more than six months nor 
less than one month. [39 v. 13, § 8.] 

Sec. 7052. Whoever counsels or advises another to 
give his vote, knowing that he has not been a resident 
of this state for one year immediately preceding the elec¬ 
tion, or at the time of the election he is not twenty-one 
years of age, or that he is not a citizen of the United 
States, or that by reason of other disability, he is not 
duly qualified to vote at the place where, or the time 
when, the vote is to be given, shall be fined not more than 
five hundred nor less than one hundred dollars, and im¬ 
prisoned not more than six months nor less than one 
month. [39 V. 13, § 9.] 

Sec. 70^3. Whoever procures, aids, assists, coun¬ 
sels, or advises another to go or come into any county 
for the purpose of giving his vote in such county, know¬ 
ing that the person is not duly qualified to vote in such 
county, shall be imprisoned in the penitentiary not more" 
than five years nor less than one year. [39 v. 13, § 10.] 

Sec. 7054. Whoever furnishes an elector who can¬ 
not read, with a ticket, informing him that it contains a 
name different from those which are written or printed 
thereon, with intent to induce him to vote contrary to 
his inclination, or fraudulently or deceitfully changes the 
ballot of any elector, by which such elector is prevented 
from voting for such candidate as he intended, shall be 
imprisoned in the penitentiary not more than three years 
nor less than one year. [39 v. 13, § 12.] 

Sec. 7055. Whoever, either before or after the proc¬ 
lamation is made of the opening of the polls, fraudulently 
puts a ballot or ticket into the ballot-box, shall be impris¬ 
oned in the penitentiary not more than three years nor 
less than one year. [67 v. 52, § 21.] 

Sec. 7056. A judge of any election who, after the 
counting of votes commences as required by law, post¬ 
pones the counting of votes cast at such election, or ad¬ 
journs for any time or to any place, or removes the ballot- 
box from the place of voting or from the custody or 
presence of all the judges of such election, shall be fined 
not more than one thousand nor less than one hundred 
dollars, and imprisoned not more than ten days. [60 v. 
58, §§ I, 2.] 


OHIO ELECTION LAWS. 


145 


Sec. 7057. A judge of any election who knowingly 
permits any ballot or ticket, fraudulently placed in the 
ballot-box, if the same can be designated, to be counted 
with the legal votes cast at such election, shall be im¬ 
prisoned in the penitentiary not more than three years 
nor less than one year. [69 v. 52, § 21.] 

Sec. 7058. A judge of an election who knowingly re¬ 
ceives, or sanctions the reception of a vote from any 
person not having all the qualifications of an elector pre¬ 
scribed by law or receives or sanctions the reception of a 
ballot from any person who refuses to answer any ques¬ 
tion put to him in accordance with the requirements of 
the laws of this state relating to elections, or refuses to 
take the oath prescribed by the laws aforesaid, or refuses, 
or sanctions the refusal of any other judge of the election 
board to which the judge belongs, to administer any oath 
required by the laws aforesaid to be administered, or re¬ 
fuses to receive, or sanctions the rejection of, a ballot 
from any person, knowing him to have all the qualifi¬ 
cations of an elector prescribed by law, or refuse, if re¬ 
quested, to permit the respective candidates at such an 
election, or not exceeding three of the friends of each 
of such candidates, to be present in the room where the 
judges are during the time of receiving and counting out 
the ballots; and a judge or clerk of an election, on whom 
any duty is enjoined by the laws of the state relating to 
elections, who wilfully neglects any such duty, or is 
guilty of any corrupt conduct in the execution of the 
same, shall be fined not more than one thousand nor less 
than three hundred dollars, and imprisoned not mrore than 
six nor less than three months. [73 v. 157; 77 v. 267.] 

Sec. 7059. Whoever, at any election, unlawfully, 
either by force, fraud, or other improper means, obtains, 
or attempts to obtain, possession of any ballot-box, or any 
ballots therein deposited, while the voting at such elec¬ 
tion is going on, or before the ballots are duly taken out 
of such ballot-box and enumerated by the judges of elec¬ 
tion according to law, shall be imprisoned in the peniten¬ 
tiary not more than three years nor less than one year, 
[S3 V. 59 . §§ I. 3-] 

Sec. 7060. Whoever shall, from the time any ballots 
are cast or voted until the same has expired for using the 
same as evidence in any contest of election, unlawfully 
destroy, or attempt to destroy, any ballot-box or poll- 
book used at any election; or shall, within the same time, 
unlawfully destroy, falsify, mark, or write on any ballot 
cast or voted; or shall, within the same time, unlawfully 
change, alter, erase or tamper with any name contained 
on any ballot cast or voted, shall be imprisoned in the 
penitentiary not more than five years nor less than one 
year. [78 v. 30.] 


Judges of 
election know¬ 
ingly count¬ 
ing fraud¬ 
ulent votes. 


Misconduct 
of officers of 
election; how 
punished. 


Unlawfully 
obtaining, or 
attempting to 
obtain posses¬ 
sion of ballot- 
box or ballots- 


Penalty for 
destroying 
ballot-box, 
ballots, or 
poll-books. 


10-E. L. 


146 


OHIO ELECTION LAWS. 


Penalty for 
fraudulent 
wrtting on 
poll-books or 
tally-sheets. 


Possession of 
forged or al¬ 
tered poll- 
books or tally- 
sheets with 
fraudulent 
intent. 


Marking bal¬ 
lots, or print¬ 
ing, distribu¬ 
ting or voting 
ballots unlaw¬ 
fully written 
or printed. 


Prosecutions. 


Sec. 7061. Whoever shall, from the time any bal¬ 
lots are cast or voted until the time has expired for using 
the same as evidence in any contest of election, wilfully 
and with fraudulent intent, inscribe, write, or cause to be 
inscribed or written, in or upon any poll-book, tally- 
sheet, or list, lawfully made or kept at any election, in 
or upon any book or paper purporting to be such, or upon 
any election returns, or upon any book or paper contain¬ 
ing the same, the name of any person not entitled to 
vote at such election, or not voting thereat, or any ficti¬ 
tious name, or, within the same time, shall wrongfully 
change, alter, erase, or tamper with any name, word or 
figure contained in such poll-book, tally-sheet, list, book 
or paper; or falsify, mark, or write on such poll-book, 
tally-sheet, list, book, or paper in any manner what¬ 
soever, such act or acts being done with intent to defeat, 
hinder, or prevent a fair expression of the will of the peo¬ 
ple at such election, shall be imprisoned in the peniten¬ 
tiary not more than three years nor less than one year. 
[78 V. 30.] 

Sec. 7062. Whoever has in his possession any false¬ 
ly made, altered, forged, or counterfeited poll-book, tally- 
sheet, or list, or election returns, of any election, know¬ 
ing the same to be falsely made, altered, forged, or coun¬ 
terfeited, with intent to hinder, defeat, or prevent a fair 
expression of the popular will at such election, shall be 
imprisoned in the penitentiary not more than three years 
nor less than one year. [67 v. 51, § 2.] 

Sec. 7063. Whoever, at any election, marks the ballot 
of any elector, or hands a marked ballot to him to vote, 
with intent to ascertain how he voted, or prints for dis¬ 
tribution any ballot contrary to the provisions of law, or 
distributes to an elector, or knowingly votes, any ballot 
printed or written contrary to the provisions of law, shall 
be fined not more than fifty dollars, and imprisoned not 
more than ten days. [65 v. 138, § 3; 71 v. 31, § 2.] ' 

Sec. 7066. Prosecutions under the sections 7039 to 
7065, inclusive, must be commenced within six months 
after the commission of the act complained of. Penalties 
for the violation of section 7064 shall not apply to the 
payment of an assessment made by a regularly organized 
committee for legitimate election expenses of the party 
to which the candidate belongs. [86 v. 363.] 


OHIO ELECTION LAWS. 


147 


PRIMARY ELECTIONS. 

Sec. 2916. When any voluntary political associa¬ 
tion or party in any county, township or municipal cor¬ 
poration, by a vote of a majority of its executive or con¬ 
trolling committee, certified under oath by its chairman 
and secretary, shall cause notice of the holding of a pri¬ 
mary election for the selection of party candidates, com¬ 
mitteemen, delegates, or alternates to any party conven¬ 
tion to be published, and shall make application therefor 
to the deputy state supervisors of elections or board of deputy 
state supervisors and inspectors of elections as the case may 
be, of such county, all as hereinafter provided, such primary 
election shall be held and conducted under the provisions of 
this chapter. [97 v. 439.] 

Sec. 2917. Such notice shall be ordered and such 
application made not less than ten days prior to the time 
fixed for the holding of such primary election, and such 
notice and application shall state the purpose, time, man¬ 
ner and conditions of the holding of such primary elec¬ 
tion, and shall prescribe the qualifications not incon¬ 
sistent with the provisions of this chapter, of the persons 
to vote at such election; provided, however, in cities 
where registration of electors is required by law, none 
but registered electors shall be permitted to participate 
in such primary election, and the deputy state super¬ 
visors of elections, or board of deputy state supervisors 
and inspectors of elections as the case may be, when so 
requested in such notice and application, shall, prior to 
such primary election, make such provision as shall be 
reasonable for the transfer upon the registration books 
and the registration of all persons, who may qualify them¬ 
selves to vote at the next general election to be held after 
such primary election; and provided, further, that such 
primary election shall be held at the regular polling places 
in each of the voting precincts in such county, township 
or municipal corporation, and shall continue for a period 
of not less than three consecutive hours, and shall close 
not later than seven o’clock p. m. [97 v. 439.] 

Sec. 2918. At least ten days previous to any such 
election such notice shall be published in a newspaper 
printed and of general circulation in such county; but the 
publication shall not be required in any county in which 
no newspaper is printed; the notice shall also be posted 
in at least three public places in each precinct within the 
territory in which the election is to be held. [97 v. 439.] 

Sec. 2919. Subject to the provisions of such notice, 
such primary election shall be under the exclusive con¬ 
trol and supervision of the deputy state supervisors of 
elections or board of deputy state supervisors and inspec- 


When the 
provisions of 
this chapter 
apply. 


Time of no¬ 
tice and ap¬ 
plication. 


Registration 

cities. 


Notice when 
to be pub¬ 
lished and 
posted. 


Conduct of 
election. 


148 


OHIO ELECTION LAWS. 


tors of elections as the case may be, of such county, who 
shall provide all ballots, poll-books, tally and summary 
sheets, other blanks and things necessary, and assign to 
each polling place two competent electors to act as judges 
and one competent elector to act as clerk of such primary 
election; provided, however, that such judges and clerks 
shall be of the political faith of the party holding such 
primary election and shall, whenever practicable, be the 
regular election officers. Such primary elections shall be 
conducted as required by the laws governing the conduct 
of general elections so far as the same may be applicable. 
The penalties provided for fraudulent voting in the sec¬ 
tions of the Revised Statutes from seven thousand and 
thirty-nine to seven thousand and sixty-six, inclusive, 
shall be enforced for the same offenses at primary elec¬ 
tions ; and the judges and clerks shall be charged with the 
same powers and duties and be subject to the same pen¬ 
alties as the judges and clerks of general elections. At the 
close of each primary election, the judges and clerks 
shall forthwith proceed to count the votes cast and 
make return thereof to the deputy state supervisors 
of elections, or deputy state supervisors and inspec¬ 
tors of elections as the case may be, who together with 
the chairman of the executive or controlling committee 
ordering such primary election, shall constitute a can¬ 
vassing board and shall canvass the returns of such 
primary election, determine all matters relative thereto 
and certify the result of such primary election to the 
executive or controlling committee ordering such primary 
election. Ties, if any there be, shall be determined by lot 
by such canvassing board. Provided, however, that for 
the purpose of determining the election of any candidate 
voted for in a single voting place only, the judges and 
clerks in charge of such voting place shall constitute such 
canvassing board, and shall have full power to declare 
the result and shall forthwith issue proper credentials of 
election. Judges and clerks shall be paid two dollars 
each for every such election and any judge or clerk de¬ 
livering the returns as aforesaid to the deputy state su¬ 
pervisors of elections, or board of deputy state super¬ 
visors and inspectors of elections as the case may be, 
shall be allowed five cents a mile for the distance trav¬ 
elled by him in delivering same, and returning to his 
home. Deputy state supervisors of elections and deputy 
state supervisors and inspectors of elections shall each 
receive fifty cents per precinct and clerks of such boards 
seventy-five cents per precinct for such elections; pro¬ 
vided, however, that the total compensation of such offi¬ 
cers shall not exceed the maximum of compensation 
otherwise provided by law. 

The expense of municipal primary elections shall be 
defrayed by the municipality in which the same is held. 
The expense of all other primary elections shall be de- 


OHIO ELECTION LAWS. 


149 


frayed by the county. The deputy state supervisors of 
elections, or board of deputy state supervisors and in¬ 
spectors of elections as the case may be, shall not be re¬ 
quired to hold a primary election for any party which cast 
less than ten per cent, of the total vote cast in such coun¬ 
ty at the last general election, nor shall the deputy state 
supervisors of elections, or board of deputy state super¬ 
visors and inspectors of elections as the case may be, be 
required to hold more than two primary elections for the 
same party in any one year. No delegate or alternate to 
any political convention in this state shall have power by 
proxy or otherwise to designate another person to serve 
as a delegate in his place or stead, and any such delegate 
who shall give any power or proxy to another to serve 
in his place or stead, shall be guilty of a misdemeanor 
and be fined not less than twenty-five dollars and not 
more than one hundred dollars. The voting booths, bal¬ 
lot-boxes, and other public property in the custody and 
control of the deputy supervisors of elections, or board 
of deputy state supervisors and inspectors of elections as 
the case may be, shall not be used for primary elections 
other than those held under the provisions of this act. 

[97 V. 440.] 

Sec. 2920. A qualified elector under the notice may 
challenge any vote offered, because the person offering 
it is not entitled to vote under the notice, or is not a citi¬ 
zen of the United States, or cannot be at the next election a 
legal voter of the precinct, or has received or been prom¬ 
ised, directly or indirectly, any money, fee or reward for 
his vote for any candidate at such election, or has voted 
before on the same day, at that or some other precinct, 
in the same election. [68 v. 27, § 4.] 

Sec. 2921. Thereupon one of the judges shall ad¬ 
minister to the person offering to vote an oath that he 
will make true answers to such questions as may be put 
to him touching his qualifications to vote at such election 
and shall interrogate him as to his qualifications; if such 
person refuses to be sworn, or, being sworn, refuses to 
answer every question, his vote shall be rejected; but if 
the oath be taken and the questions answered satisfac¬ 
torily and he be not successfully contradicted by the 
sworn testimony of witnesses who may be called, his oath 
shall be received and the word “sworn” shall be noted 
opposite his name on the poll-book. [97 v. 441*] 

Sec. 2921a. Witnesses and challengers shall be ad¬ 
mitted to the polling places in accordance with the rea¬ 
sonable regulations established by the executive or con¬ 
trolling committee ordering such primary election; and 
at all primary elections held within the boundary of any 
municipal corporation, during the receiving and counting 


Challenges— 
by whom and 
for what 
cause made. 


Duty of the 
judges when 
vote chal¬ 
lenged. 


Witness and 
challengers 
admitted dur¬ 
ing receiving 
and count of 
votes; people 
to keep one 
hundred feet 
from polls; 
penalty. 


150 


OHIO ELECTION LAWS. 


Who not al¬ 
lowed to vote 
at primary 
election. 


Penalty for 
unlawful vot¬ 
ing. 


Bribery. 


Penalty. 


Witness tes¬ 
tifying shall 
be exempt 
from prosecu¬ 
tion. 


of the ballots, no persons shall congregate or loiter upon 
the streets, alleys or sidewalks within one hundred feet 
of the polling place of any election, or within such dis¬ 
tance of one hundred feet give or tender or exhibit any 
ballot or ticket to any person other than to a judge of the 
election, or exhibit any ticket or ballot which he intends 
to cast or within such distance solicit or in any way at¬ 
tempt to influence any elector in casting his vote. Any 
person wilfully refusing or neglecting to perform any of 
the duties prescribed in this act or any person wilfully 
violating the provisions thereof shall be deemed guilty of 
a misdemeanor and upon conviction thereof he shall 
be fined not less than five nor more than fifty dollars, or 
imprisoned in the county jail not less than five days nor 
more than thirty days or both at the discretion of the 
court. [97 V. 441.] 

Section i. No person shall be allowed to vote at any 
primary election except he be an elector resident of the 
precinct, ward or township in which he desires to vote 
and except he voted with the political-party holding such 
primary election at the last general election, providing 
he voted at all at such election, unless he be a first voter; 
nor shall any person vote more than one time, or at any 
other than at the polling place in that precinct, ward or 
township wherein he resides. 

Any person who shall violate the provisions of this 
act shall be fined not less than one hundred ($100.00) dol¬ 
lars nor more than three hundred ($300.00) dollars, or 
imprisoned in the penitentiary for one year, or both in 
the discretion of the court. [97 v. 107.] 

Section 2. Any person who shall solicit, request, de¬ 
mand or receive, directly or indirectly, any money, in¬ 
toxicating liquor or other thing of value, or the promise 
thereof, either to influence his vote, or to be used, or un¬ 
der the pretense of being used to procure the vote of any 
other person or persons, or to be used at any poll or other 
place prior to or on the day of an election for or against 
any candidate for office, or for or against any measure or 
question to be voted upon at such election, shall be 
deemed guilty of an offense, and upon conviction thereof 
shall be sentenced to pay a fine of not less than one hun¬ 
dred ($100.00) dollars and not more than five hundred 
($500.00) dollars, or be imprisoned in the penitentiary 
for one year, or both in the discretion of the court. [97 v. 
107.] 

Section 3. In any prosecution brought under this act, 
when any person is called to testify, he shall be required 
to testify to all the facts of which he has any knowledge 
and upon so testifying he shall be deemed acquit of any 
guilt as to the matters to which he has so testified, and 
the fact that he has so testified shall forever be a bar to 
any prosecution brought against him for violating this 
statute as to such case or circumstance to which he may 
have been required to testify. [97 v. 107.] 


VOTING MACHINES 


(2966-54.) Sec. I. That any body or board of public 
officials, or any officer or officers, charged by law with the 
duty of providing material and supplies for holding an elec¬ 
tion or elections in any city, village, town, precinct, or 
other civil division of the state, may at any general or 
special election submit a proposition to the qualified vot¬ 
ers thereof, to adopt a voting machine or voting ma¬ 
chines, and whenever a majority of the electors of any 
said city, village, town, precinct or other civil division 
voting upon said proposition shall have declared therefor 
may purchase voting machine or machines for use at any 
or all of the election districts for which he, it or they are 
by law charged with the duty of providing with material 
and supplies for holding an election, at the expense of 
the city, village, town, county, precinct, or other civil di¬ 
vision of the .state now chargeable by law with the ex¬ 
penses of the material and supplies for holding general 
elections in such election district or districts. Provided, 
however, that no such voting machine shall be used, pur¬ 
chased or adopted until the commissioners hereinafter 
provided for, or a majority thereof, shall have made 
and filed their report certifying that they have examined 
such machine; that it affords each elector an opportunity 
to vote in absolute secrecy; that it enables each elector 
to vote a straight party ticket; that it enables each elec¬ 
tor to vote a ticket selected in part from the nominees of 
one party, and in part from the nominees of any or all 
other parties, and in part from an independent nomi¬ 
nation, and in part of persons not in nomination by any 
party or upon any independent ticket; that it enables 
each elector to vote a written or printed ballot of his 
own selection, for any person for any office for which he 
may desire; that it enables each elector, if he so desires, 
to cast one written or printed ballot of his own selection 
for all the officers for whom he is entitled to vote at such 
election; that it affords each elector an opportunity of 
voting for all the candidates for whom he is entitled to 
vote, and absolutely prevents his voting for any candi¬ 
date more than once; and that it also prevents the 
elector voting for more than one person for the same of¬ 
fice, unless he be lawfully entitled to vote for more than 
one person for that office, and, in that event, it admits of 
his voting for as many persons for that office as he is by 
law entitled to vote for, and no more, at the same time 
preventing his voting for the same person twice; that the 
machine is so constructed that an elector may be per- 


Submission of 
question as to 
use of voting 
machines in 
elections. 


Machine to be 
approved by 
commission; 
requirements 
of machine. 



152 


OHIO ELECTION LAWS. 


Commission to 
examine vot¬ 
ing machines; 
duties and 
powers. 


Certificate to 
be filed with 
secretary of 
state. 


Machine must 
meet statu¬ 
tory require¬ 
ments. 


How nomina- 
nations shall 
appear on ma¬ 
chine; gen¬ 
eral require¬ 
ments of ma¬ 
chine to en¬ 
able elector to 
vote for his 
choice. 


mitted to vote for a candidate for whom he may be law¬ 
fully entitled to vote, and excluded from voting upon any 
questions upon which he may not be lawfully entitled to 
vote; that such machine admits of the enjoyment of each 
elector of his full right and privilege in the exercise of 
the elective franchise under the constitution and laws of 
this State; that the machine is supplied with a booth so 
arranged that the operation of the machine by the elec¬ 
tor, when voting cannot be seen, observed or known by 
any other person, unless such other person be inside the 
booth at the same time; that such machine, properly 
operated, will correctly register every vote cast; that the 
machine is constructed of such material that when prop¬ 
erly cared for, there is little or no danger of its utility 
being impaired by any of the parts becoming rusted or 
corroded; that the machine may be safely and conven¬ 
iently used by eight hundred electors in any one election 
district during the time allowed for holding a general 
election thereon. [94 v. 309.] 

(2966-55.) Sec. 2. The present governor, secretary 
of state and attorney-general and their successors in office, 
are hereby created and made commissioners to examine vot¬ 
ing machines, and to make a report and certificate thereon, 
and for such purpose, they are hereby authorized to employ 
such assistance as they, or a majority of them, may deem 
advisable, and the expenses thereof shall be payable out 
of any funds of the state not otherwise appropriated. 
The examination, report, or certificate of such commis¬ 
sioners, or a majority thereof, above provided for, shall 
not be required of each individual machine, but of every 
particular kind of machine before its adoption, use or pur¬ 
chase as herein provided. The certificii.te, when made 
by said commissioners, or a majority thereof, shall be 
filed in the office of the secretary of state. [93 v. 278.] 

(2966-56.) Sec. 3. The voting machine or machines 
to be used, adopted or purchased as herein provided, must be 
so constructed as to meet all requirements specified in this 
act. [93 V. 278.] 

(2966-57.) Sec. 4. Party nominations shall be ar¬ 
ranged on each voting machine either in columns or horizon¬ 
tal rows. Ballot captions of cardboard or paper, which shall 
have printed thereon, in plain, clear type, the party or other 
lawful designation of the nominee, amendment or other 
proposition submitted to vote, shall be so placed on said 
machines as to indicate to the voter what lever, push, 
knob, key, or other device is to be used or operated in 
order to vote in accordance with his choice. Such ma¬ 
chines shall also be provided with a printed ballot or 
cardboard, upon which shall be printed in plain, clear 
type the name of the office, and the name of the candidate 
or nominee therefor, or a concise statement of the amend¬ 
ment, or question, or proposition, to be voted upon. And 
these shall be placed upon such machines in such man- 


OmO ELECTION LAWS. 


153 


ner as to enable the voter to readily vote in accordance 
with his choice. The irregular device shall be provided 
with similar cardboard, or printed paper, except that the 
name of the candidate shall not be printed thereon; and 
the same shall be so placed on said machine as to show 
to the voter where to deposit the ballot for any person for 
a particular office. If two or more persons are to be 
elected to the same office, for different terms, the term 
for which each is to be elected shall be designated on such 
machines as above provided. [93 v. 279.] 

(2966-58.) Sec. 5. Every part of the polling place 
shall be in plain view of the election officers, including the 
watchers, if any, except that the operation of the machine, by 
the elector shall be obscured as herein provided. It shall 
be placed at least three feet from every wall or partition 
of the room, and at least three feet from the outer guard¬ 
rails and at least four feet from the judge’s table. Guard¬ 
rails shall be constructed at least three feet from the ma¬ 
chine, with openings to admit electors to and from the 
machine, and no person shall be permitted within such 
guard-rails except to enter the booth for the purpose of 
voting. But one person shall be permitted within such 
booth at a time except that a disabled elector may be fur¬ 
nished such assistance and in such manner as is now or 
may hereafter be authorized by law, and not otherwise. 
[93 V. 279.] 

(2966-59.) Sec. 6. The party emblem, if any is in 
use in the state, shall be placed at the head of the party ticket 
in such manner as to be easily seen; and, in presidential 
elections, such machine may be provided in each column 
or horizontal line of party nominations with a separate 
push knob, lever, key or other device, for voting for all 
the presidential electors nominated by such party, and 
the numbers registered by the counters of that particular 
push knob, lever, key or other device, for voting for all 
the presidential electors nominated by such party, and 
the numbers registered by the counters of that particular 
push, knob, lever, key or other device shall be counted for 
each and every one of the candidates for presidential elector 
of such political party. And in each column or horizontal 
line may be one lever, push, knob, key, or other device, 
with a label as above provided, with the name of the 
party and the words “straight ticket” printed thereon in 
plain, large type; and the operation of such lever, push 
knob, key, or other device, shall vote the entire ticket, in¬ 
cluding presidential electors. [93 v. 279.] 

(2966-60.) Sec. 7. The officer or officers now charged 
by law with the duty of furnishing such election districts 
with ballots shall furnish each polling place using such ma¬ 
chine with all ballots, ballot captions, cards, counter la- 
’ bels and instruction cards herein required; and the same 
shall, on Saturday next preceding the election at which 
they are to be used, be delivered to the clerk of the city, 


Election offi¬ 
cers to haVe 
view of entire 
polling place 
except opera¬ 
tion of ma¬ 
chine; loca¬ 
tion of ma¬ 
chine. 


Guard-rails; 
how con¬ 
structed; who 
to. be admitted 
within. 


Party em¬ 
blem; how 
placed. 


Arrangement 
for voting for 
presidential 
electors. 


“Straight 

ticket.” 


Delivery of 
ballots, ballot 
captions, 
cards, counter 
labels, and in¬ 
struction 
cards for use 
in connection 
with machine. 


154 


OHIO ELECTION LAWS. 


Precaution to 
be taken be¬ 
fore voting 
begins. 


Length of 
time voter 
permitted to 
remain within 
booth. 


Closing of 
polls; machine 
to be locked; 
counting com¬ 
partment to 
be opened in • 
presence of 
authorized 
persons. 


Counting and 
announcement 
of votes. 


Judges re¬ 
quired to sign 
returns before 
leaving room 
or locking 
counting com¬ 
partment. 


^ ‘ v-T-c: t‘~' ’-"P 

read; compari¬ 
son of results. 


Services of 
ballot clerk 
dispensed 
with. 

Tampering 
with, impair¬ 
ing, or at¬ 
tempting to 
impair ma¬ 
chine; pen¬ 
alty. 


Application o£ 
existing laws; 
conflicting 
laws not to 
apply. 


village, town, or precinct where the same are to be used, 
or to such other officer in such city, town or village to 
whom ballots are now required by law to be delivered. [93 
V. 280.] 

(2966-6.) Sec. 8. Before any voting is done on any 
such machine' or machines, all the counters shall be placed 
SO as to register “O,’’ and shall not be again changed except 
as is done by the electors in voting. [93 v. 280.] 

(2966-62.) Sec. 9. No voter shall remain within the 
voting machine booth longer than one minute, and if he 
shall refuse to leave the said machine after the lapse of one 
minute, he shall be removed by the judges. [93 v. 280.] 

(2966-63.) Sec. 10. As soon as the polls are closed the 
ballot machine shall be locked against voting, and the count¬ 
ing compartment opened in the presence of the watchers and 
all other persons who may be lawfully within the room 
or voting place, giving full view to the dial numbers an¬ 
nouncing the votes cast for each candidate, and for or 
againsst the various constitutional amendments, questions, 
or other propositions. [93 v. 280.] 

(2966-64.) Sec. II. The judges shall then add together 
the votes cast for each candidate, and ascertain the number 
of votes which each has received, and publicly announce 
the total vote for each candidate thus ascertained. Be¬ 
fore leaving the room or voting place, and before closing 
and locking the counting compartment, the judges shall 
make and sign written statements or returns of such elec¬ 
tion, as now required by law, except that they shall not 
be required to attach any ballots, official or defective, 
thereto. The written statements or returns so made, 
after having been signed by the judges, shall be distinctly 
and clearly read in the hearing of all persons present, and 
ample opportunity given to compare the results so certi¬ 
fied with the counter dials of such machines. After such 
comparison and correction, if any is made, the judges 
shall then close the counting compartment and lock the 
same. [93 v. 280.] 

(2966-65.) Sec. 12. No ballot clerk shall be elected or 
appointed in any town or city that shall have adopted the 
use of the voting machine. [93 v. 280.] 

(2966-66.) Sec. 13. Any person who shall tamper or at¬ 
tempt to tamper with any such machine or machines, or in any 
manner intentionally impair or attempt to impair its use, 
and any person who shall be guilty of or attempt any dis¬ 
honest practice upon any such machine, or with or by its 
use, shall be deemed guilty^ of a misdemeanor, and pun¬ 
ishable by a fine not exceeding one thousand dollars, or 
by imprisonment not exceeding five years, or by both 
such fine and imprisonment. ,[93 v. 280.] 

(2966-67.) Sec. 14. All the provisions of the election law . 
not inconsistent with this act shall apply to all elections in 
the precincts where such voting machines are used. And 
any provisions of law which conflict with the use of such 


OHIO ELECTION LAWS. 


155 


machine or machines as herein set forth shall not apply 
to the precinct or precincts in which an election is con¬ 
ducted by use of said ballot machine or voting machine; 
provided, that in lieu of the submission of the question 
to the qualified electors in any city, village, town, pre¬ 
cinct or other civil division of the state, of adopting a 
voting machine or machines therein, as provided for in 
section one of this act, as amended April i6, 1900 (94 O. 
L., 308), it shall be the duty of any body or board of pub¬ 
lic officials or any officer or officers, or board of elections, 
or deputy state supervisors of elections, charged by law 
with the duty of providing materials and supplies for 
holding an election or elections, upon presentation of a 
petition signed by sixty-five per centum of the electors of 
any precinct, ward, township, village, city or county, vot¬ 
ing at the last preceding general election, praying for the 
adoption of a voting machine or machines to be used at 
all the voting or polling places in such precinct, ward, 
township, village, city or county, to ascertain and declare 
whether or not sixty-five per centum of such electors have 
signed such petition, by comparing the names of such pe¬ 
tition with the poll-books of such election, if the same 
have been preserved, otherwise upon satisfactory evi¬ 
dence. And if it appear that sixty-five per centum of such 
electors have so signed such petition, a voting machine or 
machines shall thereupon be deemed adopted for use, and 
shall be used, at all elections thereafter to be held in all 
the voting or polling places in such precinct, ward, town¬ 
ship, village, city or county. And thereupon such body or 
board of public officials, or any officer or officers, or board 
of elections, or deputy state supervisors of elections, so 
charged by law with the duty of providing materials and 
supplies for holding elections in any such precinct, ward, 
township, village, city or county, may purchase and pro¬ 
vide such voting machine or machines, the cost of which, 
when purchased and provided by any board or officer of a 
city shall be borne and paid by any such city, out of its 
general revenue fund, upon vouchers of such board or 
officer, made and certified, if by a board, by the president 
and secretary thereof, and if by an officer, by such officer, 
which shall be allowed by the city comptroller, city audi¬ 
tor, or director of accounts, in cities having such officers, 
and in other cities by the city clerk or other accounting 
officer, and upon his warrant paid by the treasurer of any 
such city; and when purchased and provided by any 
board or officer of a county, shall be paid out of the gen¬ 
eral fund of the county treasury, upon the written ap¬ 
proval of a majority of the county commissioners, upon 
vouchers of such board of officers, made and certified, if 
by a board, by the president and secretary, and if by an 
officer, by such officer. Upon presentation of such vouch- 


Provision for 
adoption of 
voting ma¬ 
chine upon 
petition of 
sixty-flve 
per cent, of 
electors. 


OHIO ELECTION LAWS. 


156 


er or vouchers the county auditor shall issue his warrant 
upon the treasurer for the amount thereof, and the treas¬ 
urer shall pay the same. Such vouchers shall, in all cases, 
be paid in the order of priority with respect to the pre¬ 
sentation of claims against such general funds. [95 v. 
420.] 


INDEX 


PAGE. 

ABSTRACT OF VOTE’S—(See Deputy State S’lipervisors of Elections.) 

Constitutional amendments, on . 139 

County officers and members of the general assembly; fees. 35 

Presidential electors . 36 

State, judicial and county officers, representatives in congress and mem¬ 
bers of the general assembly . 133 

Turnpikes, on question of general tax for . 62 

ADHESIVE STIPS— 

Vacancy after printing of ballots, in case of . 113 

ADVERTISEMENT—(See Notice.) 

ALIEN— 

Naturalization of, procedure .4-10 

AMENDMENT— 

Constitutional; manner of submission .138, 139 

Constitutional; return of vote cast for or against, abstract and canvass 

of vote; publication, etc.13r9, 140 

Form of ballot; action on by political party .•. 138 

ANNEXATION— 

Municipal corporation, one to another; election on question of. 25 

ARMY—(See Military Service.) 

ARREST— 

Electors, when privileged from .■. 15 

Loitering near polls, for ... 102 

ASSESSORS—(See Township Officers.) 

Election of, when precinct divided . 65 

Municipalities divided into wards . 27 

Townships, certain, assessor districts in . 27 

BALLOT— 

Assistance in marking . 125 

Bonds for enlarging, improving or extending natural gas works, in 

submission of question of issue of . 34 

Bonds for township and municipal purposes, in submission of question 

of issue of . 32 

Burned after count .95, 127 

Canvassing, entering and enumerating, manner of. 126 

Casting of— 

Folding of, by elector . 125 

Receipt and deposit of, by election officer. 125 

Secondary stub, detaching and examination of . 125 

Counted, when not to be, for certain office . 124 

Counting of, in cities having registration... 93 

Custody or delivery of, offenses pertaining to; penalty . 128 

Deceiving an elector who cannot read; penalty . 144 

Delivery of, to election officers . 115 

Deposited and counted, permitted to be . 125 

Destroying; penalty .■. 145 

Destroying, defacing, removing, hindering delivery, etc.; penalty. 128 

Destruction of counted and excess .93, 126, 127 

Device to designate party candidate . 113 

Disputed, preservation of . 127 






































158 


INDEX. 


BAIvLOT—Concluded. page. 

Distributing, or having in polling room; penalty . 100 

Elections, all, shall be by .^. 1^ 

Extra and unofficial .. • • • 

Form and contents of .117, 120, 138 

Fraudulent . HO 

Fraudulent voting . IH 

Fusion, printing of name of candidate on, in case of . 109 

High school purposes, in election on union of districts for . 61 

Interference with elector in casting . 102 

Local option election in townships, for . 40 

Local option election in municipalities .41, 45 

Loitering near polls during receiving and counting of, etc.80, 102, 150 

Lost or destroyed, replacing of . 116 

Marking, or printing, distributing or voting unlawfully written or 

printed . 146 

Marking, supplies and conveniences for . 121 

Packages, sealing, indorsement and delivery of . 115 

Permitting unlawful, in ballot-box; penalty. 100 

Preparation and casting of . .*.122-125 

Offenses pertaining to .128, 129 

Preparation of— 

Marking, rules for— 

Assistance of judges . 125 

Black lead pencil, all marks to be by . 122 

Mixed ticket . 123 

Number of ballots to which elector entitled . 122 

Question, submission of .124, 138 

Straight ticket . 123 

Misleading voter, or disclosing how he voted; penalty . 129 

Substitution of name of person not on ticket . 124 

Voting shelves, as to occupancy of . 122 

When two or more persons to be elected to same office. 123 

Surplus marks . 124 

Printing of name of candidate on, when two or more certificates for 

same office filed . 109 

Printing of, publication of notice of bids for; contracts for .73, 114 

Printing or use of, offenses pertaining to; penalty .128, 146 

Proof, submission of . 114 

Question, separate in case of submission of .-. 118 

Sealing, 'indorsement and delivery .73, 115 


Substftution when no nomination made or name of nominee omitted; 

marking in such case. 124 

Supplies for marking, removing or destroying; penatly. 128 

Technicalities, disregard of . 124 

Unlawful to have in polling room in certain cities . 100 

Unlawfully obtaining, or attempting to obtain, possession of; penalty 145 

Unvoted, destruction of . 126 

Return of, by elector to election officer . 125 

Vacancy after printing of, how filled . 113 

BALLOT-BOX— 

Arrangement of .91, 92, 121 

Board of education, separate, in election for members of . 50 

Custodian of . 74 ^ 76 

Destroying; penalty . ’ 145 

Inspection of, before opening of polls, etc.91, lOl 

Judge removing; penalty .’ 144 

Location of, on election day, in cities . 92 

. Opening of ...93, 126 

Purchase and care of. 74 , 77 , 75 

Separate, in case of submission of question . 118 

Unlawfully obtaining, or attempting to obtain, possession of; penalty.’. 145 

Women, separate for . 50 

BETTING— 

Elections, on, unlawful; penalty . 142 

























































INDEX. 


169 


BLANKS— PAGE. 

Custody or delivery of, offenses pertaining to; penalty . 128 

Delivery of, to election oiRcers . 115 

Forms for . 108 

Lost or destroyed; replacing of . 116 

BOARD OF CANVASSERS—(See Canvass.) 

BOARD OF EDUCATION— 

Ballots for, in election precincts . 115 

Centralization, duty in relation thereto . 56 

City districts .50-53 

Elections, levy for expenses of . 114 

High school, ofRcial district for. 61 

Return and casting of votes for members of. 73 

Schoolhouse, levy of tax and issue of bonds for . 61 

Schools, submission of question of additional levy for . 60 

Special districts .56-59 

Township districts .54-56 

Village districts .•. 53 

Women, rights of . 50 

BOARD OF ELECTIONS—(See Deputy State Supervisors.) 

BONDS— 

Municipal, purposes for which may be issued; tax for redemption; 

submission of question to voters .28-34 

S’choolhouse, submission of question of issue of . 60 

Township, purposes for which may be issued; tax for redemption; 

submission of question to voters .28-34 

Turnpikes, for . 62 

BOOTHS AND GUARD-RAILS— 

Furnishing; care; arrangement; number of voting shelves, etc.73, 121 

BRIBERY— 

Delegates or electors, of; penalty . 142 

Forfeiture of elective franchise by reason of conviction of . 15 

Giving bribe; penalty . 142 

Competent witness in prosecution for...’.. 132 

Forfeiture of office for. 132 

Intimidating voter by (U. S. law) . 10 

Primary election; offering bribes to voters at; penalty. 142 

Receiving bribe; penalty . 131 

Competent witness in prosecution for. 132 

Disfranchisement for . 132 

CANDIDATE—(See Nomination.) 

Bribery of delegate or elector; penalty . 142 

Ineligible to serve as judge or clerk . 108 

Nominee by petition, substitution of . 109 

Other political party, of, substitution of . 109 

Primary election, offering bribe at; penalty . 142 

Printing of name on ballot when two or more certificates for same 

office filed . 109 

Substitution of name and marking of ballot when regular nominee 

omitted . .119, 124 

CANVASS— 

Abstracts by deputy state supervisors of elections .73, 133 

Board of education, of vote for members of . 73 

City board of canvassers, constitution and duties of . 98 

Constitutional amendment, vote on, of . 140 

Judges and clerks of election, by . 126 

Justices of the peace, of vote for . 73 

Loitering near polls during .80, 102 

Municipalities, of vote in .27, 28, 73, 98 

Municipal officers, of vote for . 73 

Presidential electors, of returns for. 36 

Primary elections, of result of . 148 

Special election, of vote of certain officers voted for at. 133 

Township officers, of vote for. 73 

Turnpikes, of vote on question of general tax for . 62 

j 























































160 


INDEX. 


CARDS OF INSTRUCTION— page. 

Custody or delivery of, offenses pertaining to; penalty . 128 

Defacing, removing, etc.; penalty .. 128 

Delivery of, to election officers .*. 115 

Forms for .’.. 1^^ 

I.iOst or destroyed, replacing of ..•. 

Placed, where to be . 

Printing of, publication of notice of bids for; contracts, etc.7S, 114 

CERTIFICATE OF ELECTION— 

Special election, of certain officers at. 133 

Circuits and districts, in .133, 137 

County officers and members of the general assembly .35, 39 

Deputy state supervisors to issue ...35, 39, 73, 137 

Presidential electors . 36 

State, judicial and county officers and justices of the peace, fees. 39 

CERTIFICATE OF NOMINATION— 

Contents of, etc. 108-110 

Defect in, manner of correcting . 112 

Device to designate party candidates . 113 

District or circuit, in, decision of questions as to . Ill 

Filing of; objections to; validity of, etc.72, 110 

Forms for . 108 

Objections to validity . Ill 

Offenses pertaining to; penalty . 128 

Preservation and inspection of . Ill 

Printing of name of candidate on ballot when two or more filed. 109 

Transmission of certified copies . -.... 12 , 113 

CHALLENGE- 


Challengers, party, designation, rights, privileges and oaths of, etc..91, 121 


Elector may, when . 105 

Judges of election shall, when . 105 

Proceedings of judges upon .105-107 

Oath of challenged person .86, 105, 107 

Primary election, at . 149 

Questions to be put by judges . 105 

Registration law, under.84, 86, 91 

Rejection of vote . 105 

“Sworn,” entry of, on poll-book . 107 

Who may . 121 

CHALLENGER—(See Challenge.) 


CHIEF DEPUTY—(See Deputy State S’lipervisors of Elections.) 
CHIEF SUPERVISOR—(See Supervisors of Elections.) 
CHILDREN— 


Born abroad, as to citizenship of ... 

CIRCUIT— 

Abstracts and certificates of election in . 

Certificates of nomination and nomination papers— 

Decision of questions as to . 

Defect in, manner of correcting ... 

P''iling of . 

Objections to . 

Transmission of certified copies . 

CITIZENSHIP—(See Elector.) 

Ohio constitution, qualifications of electors . 

Forfeiture of citizenship. 

United States laws— 

Citizens, who are . 

Expatriation, right of, declared . 

Forfeiture of . 

Exemption from forfeiture . 

Naturalized citizens, protection of, in foreign countries _ 

Race, color, or previous condition not to affect right to vote 
CITY—(See Municipal Corporations; Registration.) 

CITY BOARD OF CANVASSERS—(See Canvass.) 


.... 3 

1^, 137 

.... Ill 
.... 112 
.... no 

.... Ill 
.... 113 

.... 15 

.... 15 

.... 3 

.... 4 

..3, 4 

.... 3 

.... 4 

.... 4 



















































INDEX. ' 161 

CITY BOARD OF ELECTIONS—(See Deputy State Supervisors.) page. 

CIVIL RIGHTS— 

Conspiracy to injure or intimidate citizens in the exercise of .ID, 11 

Depriving citizens of, under color of state laws . 11 

Marshal refusing to receive or execute process . 11 

Obstructing execution of process in civil right cases . 11 

CIVIL TOWNSHIP— 

Elections in, conduct of, etc.18-22 

CLERK—(See Deputy State Supervisors of Elections.) 

CLERK OF MUNICIPALITY— 

Ballot—(See Ballot.) 

Ballot-boxes, duty as to . 74 

Booths, guard-rails, etc., duty as to. 121 

Canvass of vote for municipal officers . 73 

Expenses of elections in municipality situated in two or more counties, 

apportionment of . 114 . 

CLERKS OF ELECTION— 

Appointment; term; apportionment politically; vacancy; compensation; 

removals . 70 

Ballot—(See Ballot.) 

Canvassing, entering and enumerating, manner of . 126 

Misleading voter or disclosing how he voted; penalty . 129 

Preparation and casting of .122-125 

Result, certified copies of . 127 

Candidate ineligible to serve . 108 

Challenge, may . 122 

Compensation .71, 97, 116 

Duties; penalties to which subject . 72 

Misconduct of; penalty . 145 

Oath . 72 

Period during which shall not separate nor leave polling place under 

penalty . 127 

Primary election, selection, duties and compensation at . 148 

Registration, in cities having— 

Appointment; term; qualifications; oath . 78 

Certificate of appointment . 80 

Certificate of result for board of deputy state supervisors and 

witness . 94 

Certificate to poll-book . 93 

Compensation; how paid .78, 97, 116 

Examination, appearance for; penalty for failure to appear, or re¬ 
fusal or neglect to qualify . 78 

Exemption from jury and military duty . 80 

Proceedings upon close of polls . 93 

Removal . 79 

Substituted, on election day; notice. 79 

Vacancy . 79 

Return of vote for township and municipal officers, members of boards 

of education and justices of the peace . 73 

Returns, tally-sheets and poll-books, making, transmission and preser¬ 
vation of . 127 

Supplies for conducting elections, offenses pertaining to custody or de¬ 
livery of; penalty . 128 

“Sworn,” when to enter word on polLbook . 107 


Term . 

Vacancy . 

Votes cast, certification of . 

COLOR— 

Right to vote, not to affect. 

COMMISSIONS— 

Officers, of; fees . 

COMMITTEE—(S’ee Executive Committee.) 
COMMITTEEMAN—(See Precinct Committeeman.) 
COMPENSATION—(See Fees.) 


U—E. L. 















































162 


INDEX. 


CONGRESS— PAGE. 

Representative in, election and term of. 34 

Vacancy, special election to fill . 35 

Abstracts in such case . 136 

CONSPIRACY— 

Civil rights, to injure or intimidate citizens in the exercise of.10, 11 

Office under United States, to prevent accepting or holding . 12 

Protection of the laws, to deprive any person of equal . 12 

CONSTABLE— 

Election; term, etc..19, 20 

Loitering near polls, duty as to . 102 

Notice of annual township election, to serve . 19 

Obey and aid judges of election, shall; penalty . 80 

CONSTITUTIONAL AMENDMENT— 

Action on by political party, etc., return of vote on; abstract and can¬ 
vass of vote; publication, etc.138-140 

Manner of submission; printing on ballots .138, 139 

CONTEST OF ELECTION— 

Presidential electors, of .36-38 

CONTRACT— 

Printing, for . 114 

CONVENTION—(See Candidate.) 

Bribery of delegate at; penalty . 142 

Proxies, unlawful in . 149 

CONVICT— 

Incompetent to be an elector or hold office; restoration of rights; pen¬ 
alty .141, 144 

COSTS— 

Defrayed, how .78, 97, 114 

COUNCIL—(See Municipal Officers.) 

Bonds, municipal, purposes for which may issue; tax for redemption; 

submission of question to voters .28-34 

Levy for expenses of elections . 114 

Places of holding elections .27, 64 

Turnpikes, bonds and tax for . 63 

COUNCILMAN—(See Council.) 

COUNTY— 

Question, submission of to voters . 138 

COUNTY BOARD OF CANVASS’ERS—(See Canvass.) 

COUNTY COMMISSIONERS—(See County Officers.) 

Levy for expenses of elections .70, 114 

Notice of election in civil townships, to give . 18 

Organization of original surveyed townships, duties as to .16, 17 

Turnpikes, questions of general tax for . 62 

COUNTY ELECTONS— 

Proclamation and time of . 34 

COUNTY OFFICERS— 

Certificate of election and abstract of votes ..39, 133 

Election of, proclamation and time of . 34 

Tie vote for, to be determined by lot . 35 

CRIMES AND OFFENSES— 

Ohio laws— 

Ballot— 

Custody or delivery of, offenses pertaining to . 128 

Destroying . 145 

Marking or printing, distributing or voting unlawfully written 

or printed . 146 

Possession of, unlawfully obtaining or attempting to obtain.. 145 

Preparation and casting of, offenses pertaining to .129 

Printing or use of, offenses pertaining to .128, 146 

Ballot-box— 

Destroying . 145 

Possession of, unlawfully obtaining or attempting to obtain.. 145 
Ballots, blanks, poll-books, cards of instruction, etc., offenses per¬ 
taining to custody or delivery of . 128 

Betting on elections ._ 142 











































INDEX. 


m 


CRIMES AND OFFENSES—Continued. 

Ohio Laws—Continued. 

Bribery— page. 

Delegates or electors, of . 142 

Giving bribe; competent witness in prosecutions for; forfeiture 

ol office for .130, 132 

Receiving bribe; competent witness in prosecution for; dis¬ 
franchisement for . 131 , 132 

Certificates of nomination, letters of withdrawal, ballots, cards of 
instruction, supplies for marking ballot, delaying voter, etc., 

offenses pertaining to . 128 

Clerks of election, misconduct of . 145 

Misleading voter, or disclosing how he voted . 129 

Deceiving an elector who cannot read . 144 

Deputy state supervisor of elections or clerk, violation, neglect or 

wrong performance of duty, or disobedience by . 74 

Employer refusing employe time off to vote .181, 132 

Felony, incompetency of person convicted of, to be an elector or 

hold office .141, 144 

Forfeiture of elective franchise for . 15 

Fraudxilent voting . 144 

Indictment, how election is averred in; what counts may be joined 

in .. 141 

Interfering with elector in casting his ballot . 102 

Intimidating voter, or impeding or preventing free exercise of 
elective franchise; competent witness in prosecution for... 131 
Intoxicating liquors, selling or giving away, or keeping place where 

sold open on election day . 142 

Judges of election, offenses by . 145 

Misleading voter or disclosing how he voted . 129 

Local option, violation of acts providing .40, 42, 46 

Loitering near polls .80, 102 

Poll-book and tally-sheet — 

Custody or delivery of, offenses pertaining to . 128 

Destroying . 145 

Fraudulent writing on . 146 

Possesion of forged or altered, with fraudulent intent . 146 

Primary elections— 

Attempting to intimidate electors or judges at . 142 

Bribes, offering, for voters at . 142 

Omissions of duty and fraudulent voting . 143 

Proxies, delegates selected giving . 149 

Procuring illegal vote . 144 

Procuring an elector to go or come into a county of which he is 

not a resident to vote . 144 

Prosecution of violation of election laws .74, 130 

Prosecutions, time within which to be commenced .132, 146 

Public officer, violation, neglect, or wrong performance of duty or 

disobedience, by . 130 

Register, damage or destruction of . 79 

Registrar failing to perform his duties . 79 

Registrar, judge or clerk of election failing to appear for examina¬ 
tion or refusing or neglecting to qualify . 79 

Registration laws, under (See Registration) .79-81, 99-101 

Voting— 

Fraudulent . 143 

More than once at the same election . 143 

Not being a resident of this state . 143 

Not being a resident of the county thirty days . 143 

Not being a resident of the precinct twenty days . 143 

Without a residence of one year; not being twenty-one years 
of age; not a citizen; convicted of crime and not pardoned 144 

Voting machine, tampering with or impairing . 154 

United States laws— 

Armed troops, bringing of, to places of election . 12 

Civil rights cases, obstructing execution of process in . 11 
















































164 


INDEX. 


CRIMES AND OFFENSE’S—Concluded. 

United States Laws—Concluded. 

Conspiracy— page. 

Civil rights, to injure or intimidate citizens in the exercise 

of .10, 11 

Equal protection of the laws to deprive any person of . 12 

Office under United States, to prevent accepting or holding.. 12 

Depriving citizens of civil rights under color of state laws. 11 

Desertion from military or naval service .3, 4 

Draft into military or naval service, avoiding . 4 

Intimidating voters by bribery or threats . 10 

Marshal refusing to receive or execute process . 11 

Naturalization, violation of laws in reference to . 8-10 

Right of suffrage, interference with, etc,, by army or naval of¬ 
ficer .4, 11-13 

DELEGATE— 

Bribery of; penalty . 142 

Proxy, may not appoint . 149 

DEPUTY MARSHAL—(See Marshal.) 

DEPUTY STATE SUPERVISORS’ OF ELECTIONS—(See Registration.) 

Abstracts of returns, to’ make and transmit .73, 139 

Abstract of votes— 

Certifying, signing and depositing of . 134 

Circuits and districts, in.133, 137 

Congress, in election to fill vacancy in office of member of... 136 

Constitutional amendment, on . 139 

Copies, making and transmission of certified . 136 

County officers and members of the general assembly, for; fee.35, 133 

Making, time and manner of . 133 

Special election, for certain officers voted for at . 133 

State, judicial and county officers, representatives in congress 

and members of the general assembly, for ..133-137 

Validity of returns, as to . 134 

Appointment, qualifications, terms, vacancies and removals .66-69 

Assessor districts, duties not interfered with by act providing for.. 27 

Assessors, election of, when precinct divided . 65 

Ballot—(See Ballot.) 

Disputed, preservation of . 127 

Extra and unofficial . 117 

Proof, submission of . 114 

S’ealing, indorsement and delivery of .73, 115 

Ballot-boxes, purchase and care of .74, 77 

Ballots, blanks, poll-books, tally-sheets, etc.; delivery of .73, 115 

Lost or destroyed, replacing of . 116 

Bond of bidder for printing . 115 

Bonds, township or municipal, duties when question of Jssue of, to 

be submitted to voters .31, 33 

Booths, guard-rails, voting-shelves, etc., furnishing, care and cus¬ 
tody of, etc.73, 121 

Certificates of election, to issue .39, 73 

Circuits and districts, in; fee .39, 73, 133, 137 

County officers and members of the general assembly, of; fees 

.39, 73, 133 

Judicial and county officers and justices of the peace; fees..39, 73, 133 

Special election, of certain officers elected at . 133 

Certificates of nomination and nomination papers— 

Defect in, manner of correcting . 112 

Filing of .72, no 

Objections to . Ill 

Printing of name of candidate on ballot when two or more certifi¬ 
cates for same office filed . 109 

Transmission of certified copies .72, 113 

Chief deputies and clerks, questions to be decided by .72, 111 

Chief deputy— 

Certificates of nomination and nomination papers, filing of.72, 110 

Defect in, manner of correcting . 112 

Obection to . Ill 

Transmission of certified copies .72, 113 

Selection and term of . 69 


















































INDEX 


165 


DEPUTY STATE SUPERVISORS OF ELECTIONS—Concluded. 

Clerk— PAGE. 

Oatk . 72 

Power to administer . 69 

Organization, report of . 69 

Selection, term and salary .69, 70 

Violation, neglect, or wrong performance of duty, or disobedi¬ 
ence by; penalty . 74 

Clerks of election, appointment of; removals; oath .70-72 

Compensation .•. 70 

Creation of office . 66 

Duties, general .66, 72 

Duty, violation, neglect, or wrong performance of, or disobedience; 

penalty . 74 

Expenses of elections, how defrayed . 114 

Forms for guidance . 108 

Investigation of irregularities, or non-performance of duty by elec¬ 
tion officer; report; prosecutions . 74 

•Judges of elections, appointment of; presiding judge; removals; 

oath .70-72 

.lustice of the peace, result of election for, to be certified to . 73 

Laws applicable to elections, distribution of . 70 

Nominations—(See above, Certificates of Nominations and Nomina¬ 
tion Papers) .72, 108-113 

November election, returns of . 73 

Oath . 71 

Power to administer . 69 

Organization; report thereof . 69 

Poll-book, delivery of, at polling place . 73 

Furnishing of . 74 

Paper to be received as . 134 

Precincts, division, rearrangement, combination of, etc. 64 

Printing, notice of bids for; contracts; bond of bidder, etc.73, 114 

Printing of name of candidate on ballot when two or more certificates 

for same office filed . 109 

Qualifications . 66 

Questions to be submitted to state supervisor, when .73, 111 

Removals . 67 

Returns of election, to receive, make abstracts of, etc. 73 

Sessions . 69, 90 

Tally-sheets, furnishing of . 74 

Term of office . 66 

Tie votes for county officers and members of the general assembly to 

be determined by lot . 35 

Vacancy in office . 66 

Vacancy on ticket, manner of filling . 112 

DEPUTY STATE SUPERVISORS AND INSPECTORS OP ELECTIONS— 

(See Deputy State Supervisors of Elections.) 

Appointment, qualifications, term, vacancies, etc. 67» 

Chief deputy, selection and term of . 68 

Clerk and deputy clerk— 

Selection, term and salary .6B, 70 

Compensation . 70, 97 

Creation of office . 66 

Duties, general .66, 68, J72, 73 

Term of office . 67 

Vacancies . 67 

DESERTERS— 

Forfeiture of citizenship by .3, 4 

Exemption from forfeiture . 3 

DEVICE— 

Party candidates, to designate . 113 

DISFRANCHISEMENT— 

Receiving bribe, for . 132 

DISQUALIFICATIONS— 

Office under United States, for holding . 13 




























































166 


INDEX. 


DISTRICT— PAGE. 

Abstracts and certificates of election in .133, 137 

Certificates of nomination and nomination papers, filing of.72, 110 

Decision of questions as to .72, 111 

Defect in, manner of correcting . 112 

Objections to . HI 

Transmission of certified copies .72, 113 

DIVISION— 

Precincts, of .64-65 

DRAFT— 

Citizenship, forfeiture of, for avoiding . 4 

ELECTION PRECINCTS—(See Precincts.) 

ELECTIONS—(S’ee Various Titles.) 

Ohio laws— 

Arrest, when electors privileged from . 15 

Ballot, all elections shall be by .. 15 

Bonds for township and municipal purposes, submission of ques¬ 
tion as to issue of .31, 33 

Congressional, time of . 34 

County, proclamation and time of . 34 

Expenses of, how defrayed; levy of tax, etc.70, 78, 97, 114 

Laws applicable to, collation, publication and distribution of_ 70 

Local option in municipalities .40-49 

Local option, in townships . 39 

Municipal— 

First, in municipality .24, 26 

Officers, of, generally .26, 27 

Proclamation of mayor as to sale of liquor . 28 

Registration .75-101 

Surrender of corporate rights, to determine question of. 25 

Places of holding, who to determine; notice in certain case..27, 64, 77 

Presidential—(See Presidential Elections) .35-38 

Primary .147-150 

Public, how held and conducted . 108 

Public officers, conduct of elections of . 108 

Registration laws—(See Registration) .75-101 

S'chool—(See School Elections) .50-61 

State, proclamation and time of . 34 

Supervisory laws .66-74 

Township— 

Annual; constable to post notice of, etc.18, 19 

Civil, in; conduct of, etc.18-22 

Held, when and how; returns of .18, 20, 73 

Officers of; terms, etc.18-20 

Original surveyed, in; conduct, notice of, etc.16-18 

Place of holding, township trustees to fix . 18 

Public library, for . 21 

Returns of .20, 73 

Turnpikes, on question of general tax for . 62 

Voting machines, purchase and use of, in .151-155 

Who may vote at . 15 

United States laws— 

Bringing armed troops to places of . 12 

Interference with, by army or naval officers .4, 12, 13 

Race, color or previous condition not to affect the right to vote_ 4 

ELECTIVE FRANCHISE—(See Right of Suffrage.) 

Forfeiture of, for receiving bribe . 132 

Impeding or preventing free exercise of; penalty . 131 

Competent witness in prosecutions for . 132 

Ohio constitutional provisions as to . 15 

United States laws relating to .^.4, 10-13 

Women, rights of . 50 

ELECTOR—(See Crimes and Offenses.) 

Ohio laws— 

Application by electors for organization of original surveyed town¬ 
ship 


16 



















































INDEX. 


167 


ELECTOR—(See Crimes and Offenses.)—Concluded 
Ohio laws—Concluded. 

Arrest, when privileged from . 15 

Ballot—(See Ballot.) . 

Preparation and casting of .122-125 

Assistance in marking .125, 129 

Offenses pertaining to; penalty .128* 129 

Bribery of; penalty . 130 , 132 ’ 142 

Competent witness in prosecutions for . 132 

Challenges—(See Challenge) .84, 86 , 91, 92, 105-107, 121 , 149 

Convict incompetent to be; penalty . 141 , 144 

Eligibility for voting or holding office, power of general assembly 

as to . 15 

Idiot or insane person not entitled to privileges of. 15 

Intimidating, or impeding or preventing free exercise of elective 
franchise; penalty; competent witness in prosecutions 

for ..131,132 

Local option election in township, who permitted to vote at . 39 

Misleading, or disclosing how he voted; penalty . 129 

Municipality, who is elector of . 27 

Persons not considered residents of Ohio . 15 

Presidential—(See Presidential Elections) .35-38 

Primary election, attempting to intimidate elector at; penalty.... 142 

Qualifications of persons to vote at .147, 150 

Qualifications of, under Ohio constitution . 15 

Questions submitted to, vote necessary for adoption of, etc.138 

Registration—(See Registration) .75-101 

Residence—(See Residence) .103-105 

Screening and convenience, provisions for . 121 

Substitution when no nomination made or name of nominee 

omitted; marking of ballot in such case . 124 

United States laws— 

Crimes against elective franchise .4, 10-13 

Officer of army or navy interfering with, etc.4, 12, 13 

Race, color or previous condition not to affect right to vote.... 4 
ELIGIBILITY— 

Convict, of, to vote or hold office; penalty ...141, 144 

Electors of president and vice-president, of . 36 

General assembly’s power as to eligibilty for voting or holding office.. 15 
EMPLOYMENT— 

Person may absent himself from, to vote .131, 132 

EXECUTIVE COMMITTEE OF POLITICAL PARTY— 

Ballot, submission of proof of . 114 

Canvass of returns of primary elections . 148 

County, designation of inspectors of count by . 125 

Deputy state supervisor of elections, recommendation of . 66 , 67 

Witnesses and challengers in cities, designation of . 91 

EXPATRIATION— 

Rights of, declared . 4 

EXPENSES— 


Defrayed, how .70, 78, 97, 114 

FEES— 

Clerks of election— 

Compensation of ..71, 97 , ng 

Cities having registration; how paid .78, 97 

Primary elections . 14 g 

Commission, fee for . 39 

Deputy state supervisors of elections, compensation of.70, 96 

Abstract of votes for county officers or members of the general 

assembly, fee for making . 35 

Clerk, salary of . 68 , 70, 77, 96 

Judges of election— 

Compensation of .71, 97, 116 

Cities having registration; how paid .78, 97 

Primary elections . 148 

Presidential elector, fees and mileage of . 38 

Registrars, compensation of; how paid .78, 96, 97 



















































168 


INDEX. 


FELONY—(See crimes and Offenses.) 

FINE—(See Penalty.) 

FOREIGN COUNTRIES— page. 

Protection of naturalized citizens while in . 4 

FORFEITURE— 

Citizenship of .3, 4, 15 

Exemption from forfeiture . 3 

Office of, for giving bribe . 132 

FRANCHISE^—(See Elective Franchise.) 

FRAUDULENT BALLOT—(See Ballot.) 

FUSION— 

Printing of name of candidate on ballot in case of . 109 

GENERAL ASSEMBLY— 

Certificate of election of member; abstract of votes . 35 

Elective franchise, power as to forfeiture of . 16 

Member to deliver copy of abstract to president of the senate .134 

President of the senate, copies of abstracts to be forwarded to . 134 

Tie votes for members to be determined by lot . 35 

Vacancy in office of member of . 35 

GENERAL ELECTION— 

How expenses of, defrayed . 114 

GOVERNOR— 

Certificate to presidential elector of all electors elected .38 

Commissions of officers; fees . 39 

Contest of presidential elector’s election, as to. 37 

Presidential electors, certificates and notice of election of.36, 38 

Tie vote for presidential elector . 38 

Vacancy in office of representative in congress or member of general 

assembly, writ of election in case of . 35 

GUARD-RAILS—(See Booths and Guard-Rails.) 

HAMLET—(See Municipal Corporations.) 

HEARSE— 

Question of purchase in townships to be submitted to vote . 22 

HIGH SCHOOL— 

Special district for . 61 

IDIOT— 

Elector, not entitled to privileges of. 15 

ILLEGAL VOTE—(S'ee Crimes and Offenses.) 

INCORPOR ATI ON— 

Of territory surrounding summer resort, etc., submission of question to 

vote . 24 

Original surveyed township . 16-18 

INDICTMENT- 

HOW election averred in; what counts may be enjoined in . 141 

INFIRMARY— 

Legal residence of inmates .•.. 114 

INSANE— 

Elector not entitled to privileges of . 15 

INSPECTOR— 

Partv. appointment and privileges of .91, 125 

INSTRUCTION—(See Cards of Instruction.) 

INTERFERENCE— 

Elector, with, in casting his ballot. 102 

Officers of United States army or navy, by. 4 13 

INTIMIDATION— 

Attempting to intimidate elector or judge at primary election, penalty.. 142 

Voter, of; competent witness in prosecutions for .'. 131 

Voters, of, by bribery or threats (U. S. law). 4 

INTOXICATING LIQUORS- 

Local option in townships . 39 

Local option in municipalities . 40-49 

Proclamation of mayor as to sale of. 28 

Selling or giving away, or keeping place where sold open on election 

day; penalty . 142 

JUDGES OP ELECTION— 

Appointment; term; apportionment politically; vacancy; presiding 
judge; compensation; removals . 70 ^ 78 






































INDEX. 


169 


JUDGES OP ELECTION—Continued. 

Ballot—(See Ballot.) page. 

Assistance of elector in marking. 125 

Canvassing, entering and enumerating, manner of .J3, 126 

Custody or delivery of, offenses pertaining to; penalty . 128 

Delivery of .^. 115 

Deposited and counted, permitted to be . 125 

Destruction of counted and excess .93, 126 

Dispersing of persons interfering with casting of . 102 

Disputed, uuty as to . 127 

Extra and unoflacial . 117 

Lost or destroyed, replacing of . f . 116 

Misleading voter or disclosing how he voted; penalty. 129 

Preparation and casting of . 122-125 

Result, announcement and certified copies of . 127 

Unvoted, destruction of .93, 126 

Vacancy, after printing of, pasters in case of. 113 

Ballot-box, inspection of, before opening of polls .91, 102 

Removing; penalty . 144 

Return of, to proper officers .75, 95 

Booths, guard-rails, etc., duty as to . 121 

Candidates ineligible to serve. 108 

Cards of instruction, where to be placed. 117 

Challenge—^"(See Challenge) .105-107 

May . 121 

Party challengers, oath and privileges of. 9i, 121 

Primary elections . 148 

Compensation—(See Fees) .71, 97, 116 

Duties; penalties to which subject. 72, 120, 121 

Fraudulent votes, knowingly counting; penalty. 145 

Loitering near polls, powers and duties as to. 102 

Misconduct of; penalty . 145 

Oath . 72 

Period during which shall not separate nor leave polling place under 

penalty .. 127 

Polls, when to be opened and closed . 91, lOl 

Polling place, who admitted to... 91, 125 

Postponing counting, adjourning or removing ballot-box-; penalty. 144 

Presiding judge— 

Ballots, etc., duty as to delivery of . 115 

Designation of . 70 

Oath, who may administer to; power to administer. 70 

Returns of elections . 93, 127 

Primary, election, selection, duties and compensation at .147, 148 

Attempting to intimidate judge at; penalty. 142 

Omission of duty at; penalty . 143 

Question, as to submission of . 118 

Registration, judges in cities having— 

Appointment; term; qualifications; oath . 78-80 

November and other elections, as to. 97-99 

Ballots, destruction of excess. 93, 95 

Certificate of appointment . 80 

Certificate of board of deputy supervisors entitles elector to vote in 

case of involuntary mistake in registering. 94 

Certificate of result for board of deputy supervisors and witness; 

announcement from police, telegraph or telephone station. 94 

Chairman calling for ballots, compensation of. 116 

Challenges—(See Challenge) . 84, 86, 91, 92 

Clerk, removal of; substituted clerk; notice. 79 

Compensation; how paid .78, 96, 97, 144 

Completion of work without adjournment . 95 

Count of votes by . 93 

Election day, duties on . 91, 92 

Examination, appearance for; penalty for failure to appear, or re¬ 
fusal or neglect to qualify . 78 



























































170 


INDEX. 


JUDGES OF ELECTIONS—Concluded. 

Registration, judges in cities having—Concluded. page. 

Exemption from jury and military duty. 80 

Expulsion of, by otner three. 92 

Meeting on evening prior to election. 90 

Organization; duties . 90 

Poll-book, certificate to . 93 

Disposition of . 96 

Polls, opening and close of. 91 

Powers and duties as peace oflicers . 80 

Proceedings upon close of polls . 93, 95 

Proclamation of total vote cast . 94 

Removal of . 79 

Result, abstract of . 94 

Return of registers, ballot-box, etc. 95 

Substituted, on election day; notice . 79 

Vacancy . 79 

Witnesses and challengers, duties as to . 91 

Residence—(See Residence) .103-105 

Return of vote for township and municipal officers, members of boards 

of education and'justices of the peace .73, 127 

Returns, tally-sheets and poll-books, making, transmission, and preser¬ 
vation of . 127 

Special election, returns of certain officers voted for at . 133 

Supplies for conducting election, delivery of . 115 

Custody or delivery of, offenses pertaining to; penalty . 128 

Lost or destroyed, replacing of . 116 

Opening of packages . 1J7 

Term .70, 78 

Township ofiicers, conduct and returns of election of .20, 73 

Turnpikes, conduct and returns of election on question of general 

tax for; fees . 62 

Vacancy in oflice, how filled . 71 

Vacancy after printing of ballots, pasters in case of. 113 

Votes cast, certificate and proclamation of . 127 

JUSTICE OF THE PEACE— 

Certificate of election and commission; fee . 39 

Commission, record of date of . 21 

Election and term, etc.18, 20, 21 

New township, number and election of, in . 20 

Notice of election of . 21 

Return and canvass of vote for . 73 

Vacancy in office of, how filled . 21 

LAWS— 

Election, collation, publication and distribution of . 70 

LEGAL HOLIDAY— 

Election day on, certain hours are . 132 

LEGAL RESIDENCE^—(See Residence.) 

LIBRARY—(See Public Library.) 

LIQUOR—(See Intoxicating Liquor.) 

LOCAL OPTION— 

Municipal .40-49 

Township . 39 

LOITERING— 

Within seventy-five feet of polls . 102 

Within one hundred feet of polls . 80 

LOT—(See Tie Vote.) 

MACHINE—(See Voting Machine.) 

MARRIED WOMAN— 

Citizen, is deemed, when . 3 

MARSHAL^ 

Process, refusing to receive or execute . 11 

MAYOR—(See Municipal Officers.) 

Elections, proclamation as to . 27 

Intoxicating liquors, proclamation as to sale of . 28 

MEMBER OF CONGRESS—(See Congress.) 

MEMBER OF GENERAL ASSEMBLY—(See General Assembly.) 

Ohio constitution— 

Persons not considered residents of the state. 15 




















































INDEX. 


171 


MEMBER OF GENERAL ASSEMBLY—(See General Assembly.)—Concluded. 
United States laws— page. 

Deserters, forfeiture of citizenship by . 3 , 4 

Exemption from forfeiture . 3 

Draft, avoiding, forfeiture of citizenship for . 4 

MILITARY SERVICE— 

Officer bringing armed troops to places of election . 12 

Officer interefering with voter, etc. 4 13 

MUNICIPAL CORPORATIONS— 

Bonds, purposes for which may be issued; tax for redemption; sub¬ 
mission of question to voters .28-34 

Electors, who are . 27 

Infirmary, legal residence of inmates of . 104 

Local option, submission of question of .40-49 

Loitering near polls prohibited .80, 102, 150 

Mayor—(See Mayor.) 

Officers, annual election of, etc.26, 27 

First election . 24 

Return and canvass of votes for . 73 

Primary elections .147-150 

Question, submission of, to voters . 138 

Registration—(See Registration.) .75-101 

Surrender of corporate powers . 25 

Village and hamlet, incorporation of, etc.22-24 

MUNICIPAL ELECTIONS—(See November and Special Elections.) 

Board of deputy state supervisors, duties and powers of, as to conduct 

of .75-101 

MUNICIPAL OFFICERS— 

Annal election of, etc.26, 27 

Return and canvass of votes for . 73 

MUNICIPAL PRECINCTS—(See Precincts.) 

NATIONAL MILITARY HOME— 

Lawful residence of inmates . 104 

NATURALIZATION—(See Citizenship.) 

United States laws relating to . .4-10 

NAVAL SERVICE— 

Deserters, forfeiture of citizenship by . .3, 4 

Exemption from forfeiture . 3 

Draft, forfeiture of citizenship for avoiding . 4 

Officer bringing armed troops to places of election . 12 

Officer interfering with voter, etc.4, 13 

Persons not considered residents of the state . 15 

NAVY—(See Naval Service.) 

NOMINATION—(See Candidate.) 

Bribery of delegate; penalty . 142 

Candidate, of— 

Certificates and papers— 

Contents of .108-113 

Defect in, manner of correcting . 112 

Device to designate party candidates . 113 

District or circuit, in, decisions of questions as to . Ill 

Filing of .72, 110, 111 

Printing of name of candidate on ballot when two or more 

certificates for same office filed . 109 

Forms for . 108 

Objection to validity . Ill 

Offenses pertaining to; penalty . 128 

Preservation and inspection . Ill 

Transmission of certified copies ..72, 113 

Convention, caucus, primary election, committee, etc., by . 108 

Letter of withdrawal, offenses pertaining to; penalty . 128 

Made, how .108-113 

Petition, by .109, 110 

Substitution of candidate of other party or nominee by petition . 109 

Substitution of name and marking of ballot when no nomination made 

or name of nominee omitted . 124 

Vacancy, manner of filling . 112 

Failure of county convention to name committee for filling; county 
executive committee may act . 113 




















































172 


INDEX. 


NOTICE— PAGE. 

Board of education, of election of members of . 50 

Bonds for township and municipal purposes, of submission of question 

of issue of .31, 34 

Constitutional amendment, publication and charges . 140 

Divided townships, of holding elections in . 19 

High school purposes, of election on proposition to unite for . 61 

Precinct, of proposed change in . 64 

Presidential election, of . 35 

Presidential electors’ election, of. 35 

Primary elections, of . 147 

Printing, of letting of contracts for .73, 114 

Question, of submission of . 138 

State and county elections, of . 34 

Township officers, of election of .18, 19, 21 

Turnpikes, of submission of question of general tax for; of election of 

pike superintendent . 62 

Vacancy in office of representative in congress or member of the gen¬ 
eral assembly, of election to fill . 35 

NOVEMBER ELECTION— 

Expenses of, how defrayed . 114 

Returns of .73,. 95, 127 

OATH— 

Challenged person, of .86, 105, 106 

Clerk of election, of . ^72 

Deputy state supervisors of elections and clerks, of .71, 72 

Power to administer . 71 

Judge of election, of . 72 

Party challenger, of . 122 

Person challenged at, of . 149 

Registration law, of person challenged under . 86 

OFFENSES—(See Crimes and Offenses.) 

OFFICE— 

Ohio laws— 

Convict incompetent to hold .141 

Forfeiture of, for giving bribe . 132 

Power of general assembly as to eligibility for . 15 

United States laws— 

Deserters or persons avoiding draft incapable of holding.3, 4 

United States, under, conspiracy to prevent accepting or holding 12 

United States, under, disqualifications for holding . 13 

OFFICER—(See Military Service; Naval Service; Public Officer; Various 
Officers.) 

OREGON— 

Citizenship of persons born in . 3 

ORGANIZATION—(See Various Officers.) 

Original surveyed townships, of . 16 

ORIGINAL SURVEYED TOWNSHIP— 

Officers, election and term of, etc.16, 17 

Exception as to election of .. 108 

Organization and incorporation of . 16 

PARDON— 

Convict, of, restores rights . 141 

PASTERS— 

Vacancy after printing of ballots, in case of . 113 

PENITENTIARY— 


Eligibility of person who has been imprisoned in . 

PERJURY— 

Forfeiture of elective franchise by reason of conviction of 
POLICE— 

Assignment of, on election day . 

Duty in cities having registration . 

Loitering near polls, duty as to. 

Obey and aid judges of election, shall; penalty. 

POLL-BOOK— 

Address and delivery in ... 

Board of education, separate, in election for members of.. 
Certification of, in registration cities. 


141 


. 15 

. 94 

. so 

. 102 

. 80 

95, 98, 127 

. 50 

. 93 
















































INDEX. 


173 


POLL-BOOK—Concluded. page. 

Custody or delivery of, offenses pertaining to; penalty. 128 

Delivery and preservation of. 95, 98, 127 

Delivery of, to election officers . 115 

Destroying; penalty . 145 

Disposition of, in cities . 95, 98 

Forged or altered, possession of, with fraudulent intent; penalty. 146 

Form for . 108 

Fraudulent writing on; penalty. 146 

Furnishing of . 74 

Lost or destroyed, replacing of . 116 

Paper to be received as . 134 

Primary election, of. 148 

“Sworn,” when word to be entered on . 107 

Transmission and preservation .95, 98, 127 

POLLS— 

Ohio laws— 

Ballot-boxes, inspection of, before opening of polls . 74, 91 

Interference with voters . 102 

Loitering near .80, 102 

Opening and closing of .91, 101 

Packages of supplies, breaking of seals of, etc., at opening of polls.. 117 

Primary elections, time for opening and closing in. 147 

Vacancy in office of judge or clerk at opening of. 71, 79 

United States laws— 

Armed troops to keep peace at . 12 

PRECINCT COMMITTEEMEN— 

Challengers, appointment of . 91, 121 

PRECINCTS— 

Composed, how; where elections to be held .64, 65 

Division, rearrangement, combination, etc. 64 

Special election, duty of board of deputy state supervisors when ward 

or precinct changed before . 97 

PRESIDENT—(See Presidential Elections.) 

PRESIDENTIAL ELECTIONS— 

Canvass of returns by secretary of state . 36 

Certificates of election of electors .36, 38 

Certificates of election of all electors elected . 38 

Contest of electors’ election . 36-38 

Electors of president and vice-president to be elected; who eligible_ 36 

b ees and mileage of electors . 38 

Meeting of electors in Columbus. 38 

Notice of electors’ election _.*. 35, 36 

Notice to governor of his presence, each elector to give .. 38 

Proclamation of . 35 

Registration, general, required at ... 84 

Tie vote for electors .‘. 36, 38 

Vacancy in office of elector. 38 

PRESIDENT OF THE SENATE—(See General Assembly.) 

PREVIOUS CONDITION— 

Not to affect right to vote . 4 

PRIMARY ELECTIONS— 

Candidate or representative, presence of, during receipt and count of 

ballots . 149 

Canvass of result . 148 

Challenges . 149 

Judges and clerks . 148 

Loitering, soliciting, etc., within 100 feet of polls in municipality _150 

Notice of . 147 

Offering bribes for voters at; penalty . 142 

Omission of duty and fradulent voting; penalty . 143 

Penalties . 148 

Poll-books and tally-sheets . 148 

Polls, time for opening and closing . 147 

Proxy, misdemeanor for delegate to give . 149 

Qualifications to vote at .147, 149, 150 

Supervisors of . 147 

Time, place, manner of holding, etc. 147 

























































174 


INDEX, 


PRINTING—(S’ee Notice.) 1 1 | page. 

Ballot, of name of candidate on, when two or more certificates for 

same ofiice filed . 109 

Ballot, of, offenses pertaining to; penalty . 128 

Bond of bidder for . 115 

Contracts for . 114 

Publication of notice of bids for; contracts, etc. 114 

PROCLAMATION— 

Mayor, of, as to elections .27, 28 

Presidential election, of . 35 

State and county elections, of . 34 

Vote cast in certain cities, of; result of count .93, 94 

Vote cast, of ...."...93, 94, 127 

PROSECUTING ATTORNEY— 

Election laws, to prosecute for violations of .74, 130 

PROSECUTION—(See Crimes and Offenses.) 

PROXY— 

Convention, unlawful in . 149 

PUBLICATION—(See Notice.) 

PUBLIC ELECTIONS— 

Held and conducted, how . 66 , 108 

PUBLIC LIBRARY— 

Submission of question in townships . 21 

PUBLIC OFFICE— 

Nominations of candidates for . 108 

PUBLIC OFFICERS— 

Conduct of elections of . 66 , 108 

Violation, neglect, or wrong performance of duty, or disobedience, by; 

penalty . 130 

QUALIFICATIONS—(See Various Officers.) 

Ohio laws— 

Challenges—(See Challenge) .84, 86 , 91, 105-107, 121 

Elector, of, under Ohio constitution . 15 

Primary elections, of voters at .147, 149, 150 

Registration—(See Registration) . 75 

Residence—(See Residence) .103-105 

United States laws— 

Officer of army or navy not to prescribe .4, 13 

Race, color or previous condition not to affect right to vote.... 4 
QUESTION— 

Ballot, marking of . 124 

Number of votes necessary to authorize performance of act when 
statute providing for submission of, is silent; submission of, when 

special election not provided for . 138 

Separate ballot and ballot-box in case of submission of . 118 

RACE— 

Not to affect right to vote ...’. 4 

REGISTRARS—(See Registration.) 

REGISTRATION—(See Deputy State Supervisors.) 

Absent, elector who will be, of . 83 

Absent, elector who is, of . 83 

Challenge of such elector . 84 

Applicable to what cities . 75 

Applicant for— 

Challenge, oath and examination in case of . 86 

Examination of . 86 

Oath of . 86 

Signature of; by mark . 87 

Who to be received as . 86 

Ballot-box, location of, on election day . 92 

Board of deputy state supervisors, by order of .90, 98 

Certificates in case of involuntary mistake in registering . 94 

Certificates in case of removal or mistake .85, 88 

Certificate of removal when question of issue of bonds submitted to 

voters . 31 , 34 

“Challenged,” entry of, on register .S'B, 91 













































INDEX. 


175 


REGISTRATION—(See Deputy State Supervisors.)—Continued. 

PAGE. 

Challengers, designation, rights and privileges . 91 

Cities to which provisions applicable . 75 

Close of day’s, attestation . 87 

Close of, by clerk of board . 84 

Corrections . 90 

Crimes and offenses, and penalties therefor— 

Acting as officer of election without appointment, etc.101 

Ballots, distributing, or having in poll-room . 100 

Counterfeiting resignation certificates, statements, etc.101 

Destroying or concealing certificates or statements . 101 

Distributing or having ballots in poll-room . 100 

Judge permitting unlawful ballots in box . 100 

Neglect of duty by officers of election . 101 

Neglect to forward notice of substitute judge . 101 

Neglect to qualify, or serve as judge, clerk or registrar . 79 

Perjury before registration officer . 100 

Registration— 

Counterfeiting . 101 

Falsely registering . 99 

Inducing same . 99 

Hindering . 100 

Permitting or inducing false .. 99 

Personating another . 100 

Procuring unlawful erasure . 100 

Refusing registration to person qualified . 99 

Wilfully refusing to perform certain duties . 79 

Days for .83, 98 

Examination of applicant . 86 

Expenses of, how paid . 78, 97 

■ General, required every four years in certain cities . 84 

Hindering electors, soliciting votes, etc... 80 

Hours for . 85, 98 

Involuntary mistake, certificate in case of . 94 

Lists, alphabetical . 89 

Bound volumes of, by board . 89 

Duplicates in books for use election day. 89 

Form; comparison of; certificate to; changes in. 89, 90 

Pamphlets containing . 89 

Posting of . 89 

Registrars to make and certify . 89 

Loitering within one hundred feet of polls prohibited . 80 

Manner of making; question to be answered. 85 

Meeting of registrars and judges on evening before election; duties.... 90 

Mistake in, how corrected . 88 

New elector, of, in certain cities . 85 

Oath of, applicant for . 86 

Places of . 77 

Polls, opening and close of . 91 

“Registers of Electors;” contents; form .81-83 

Changes or additions in, for special election . 97 

Comparison and correction of duplicate . 87 

Corrections; noting of changes . 88 

Custody of, when not in use. 89 

Damage or destruction of; penalty . 80 

Entries in . 86 

Registrars— 

Absent elector, registration of . 83 

Applications for registration, canvass of precincts; report to board, 

etc. 85 

Appointment; term; qualifications, oath .78-80 

Certificate of appointment . 80 

Compensation, how paid . 78, 96, 97 

Duties, failure to perform; penalty . 79 

Duties, generally—(k.ee Various Items under Registration) .. 85, 99-101 
Election day, duties on. 92 






























































176 


INDEX. 


REGISTRATION—Concluded. 

Registrars—Concluded. page. 

Examination, appearance for; penalty for failure to appear, or re¬ 
fusal or neglect to qualify . 78, 79 

Exemption from jury and military duty. 80 

Powers and duties as peace officers. 79 

Registers, maps, instructions, etc., to apply for. 83 

Removal . 79 

Special elections, as to . 97-99 

Vacancy .79 

Removal certificate, application for; registrars’ duties. 85, 88 

Clerk of board, by . 83 

Sick or physically disabled, of, by affidavit. 87, 98 

Special election, in. 97 

Changes or additions in registers . 97 

Days for . 97 

•Hours for . 98 

New ward or precinct . 98 

Orders for, by board of deputy state supervisors of elections . 98 

Sick or disabled . 98 

Voters required to register in cities. 75, 87 

Who shall be registered . 87 

Witness, designation, rights and privileges. 91 

Women, registration of . 50 

REMOVAL—(S'ee Various Officers.) 

Deputy state supervisors of elections, of . 67 

REPRESENTATIVE—(See Congress; General Assembly.) 

REPRESENTATIVE DISTRICT—(See District.) 

RESIDENCE— 

Head of family . 103 

Infirmary inmates . 104 

Questions to be heard and determined by judges . 104 

Registration required in cities. 75, 87 

ivesidents of this state, persons not considered . 15 

Rules to govern judges in determining . 103 

Soldiers’ home inmates . 104 

Time of, required . 103 

Voting, illegal; penalties . 143, 144 

Voting purposes, for.. 103-105 

RESIDENT—(See Residence.) 

RETURNS OF ELECTIONS— 

Adjustment of discrepancies . 95 

Board of education, return of vote for members of . 50 

Deputy state supervisors of elections, opening and canvass of, by 

. 73, 133-137 

Forged or altered poll-books or tally-sheets, possession of, with fraudu¬ 
lent intent; penalty. 146 

Fraudulent writing on; penalty. 146 

Justices of the peace . 73 

Making, transmission and preservation . 98, 127 

Municipal officers .^. 27, 73, 98 

November election . 73, 98, 127 

School land, on sale of . 18 

Special election, returns of certain officers voted for at . 133 

Township officers . 20, 73 

Turnpikes, on question of general tax for . 62 

Validity of, deputy state supervisors not to decide on. 134 

RIGHT OF SUFFRAGE— 

Ohio laws— 

Convict, as to rights and competency of; penalty. 141, 144 

Exclusion from, for receiving bribe . 132 

General assembly, power of, as to forfeiture of. 15 

Idiot or insane person, excluded from . 15 

Ohio constitution, under .... 15 

Women, rights of . 50 






















































INDEX. 


177 


RIGHT OP SUFFRAGE—Concluded. 

United Stales laws— I'aok. 

Crimes against elective franchise . 10-13 

Interference with, by army or naval officer . 4, 13 

Race, color, or previous condition not to affect . 4 

ROAD SUPERVISORS— 

Election; qualifications, etc . 20 

Supervision of election, exception as to.66 

SAILOR—(See Naval Service.) 

SALARY—(See Fees.) 

SCHOOL DIRECTORS— 

Subdistricts, election in, etc. 55 

Supervision of election, exception as to . 55, 66 

Women, rights of . 50 

SCHOOL ELECTIONS— 

Centralization, submission of question of . 56 

City districts . 50-52 

High school purposes, union of districts for ... 61 

School directors, exception as to election of . 55, 66 

Schoolhouse, as to levy of tax and issue of bonds for . 61 

Schools, submission of question of additional levy for . 60 

Special districts .'.56-60 

Township districts .54 56 

Village districts . 53 

Women, rights of, in . 50 

SCHOOLHOUSE— 

Submission of question of tax and bonds for . 61 

SCHOOL LANDS— 

Vote on sale of; deposit of returns .17, 18 

SECONDARY STUB—(See Ballot.) 

SECRETARY OF STATE— 

Abstracts in elections to fill vacancy in office of member of congress' 136 

Abstracts of election, copies of, to be forwarded to .134, 139 

Ballot, form of .117-120 

Canvass of returns for presidential electors . 36 

Certificates of election and commissions; fee . 39 

Certificates of nomination and nomination papers— 

Defect in, manner of correcting . 112 

Filing of .72, 110 

Printing of name of candidate on ballot when two or more cer¬ 
tificates for same office filed .. . 109 

Objections to validity of . Ill 

Transmission of certified copies .T2, 113 

Contest for presidential electors, election, as to . 36 

Deputy state supervisors of elections, appointment, qualificarion, 

terms and removal of .66-70 

Duties, general .72, 66 

Election laws, collation, publication and distribution of . 70 

Forms for guidance of deputy state supervisors of elections . 108 

Prosecution for violation of election laws .74, 130 

Questions to be decided by .72, 111 

State supervisor of elections, ex officio, is; duties . 66 

State supervisor and inspector of elections, ex officio is, duties . 66 

Tie vote for presidential electors . 36 

Vacancy on ticket, manner of filling . 112 

SECTION SIXTEEN— 

Submission of question as to sale of; returns .17, 18 

STINATE—(See General Assembly.) 

SENATOR—(See General Assembly.) 

SENATORIAL DISTRICT—(See District.) 

SHERIFF— 

Loitering near polls, duty as to ...80, 102 

Obey and aid judges of election, shall; penalty . 81 

Presidential election, proclamation of . 35 

State and county elections, proclamation of . 34 

Vacancy in office of representatives in congress or member of general 
assembly, notice of special election to fill . 35 

*12—E. L. 
















































178 


INDEX. 


SOLDIERS—(See Military Service.) page. 

Inmates of soldiers’ home, lawful residence of . 104 

SOLDIERS’ HOME—(See National Military Home.) 

SPECIAI. ELECTIONS— 

Expenses of, how defrayed . 114 

Local option, municipal; special election on question of .41-49 

Local option, township, special election on question of . 

Notice for proposals for printing for . 114 

Question, submission of, when special election not provided for. 138 

Registration laws, provisions of, applicable to .97-99 

Returns, abstracts and certificates of election of certain officers elected 

at . 133 

Vacancy in office of representative in congress or member of general 

assembly, to fill . 35 

STATE ELECTIONS— 

Proclamation and time of . 34 

STATE OFFICERS— 

Certificate of election and commission; fee . 39 

Election of, proclamation and time of . 34 

STATE SUPERVISOR OF ELECTIONS—(See Secretary of State.) 

Secretary of State, ex officio, is; duties . 66 


STATE SUPERVISOR AND INSPECTOR OF ELECTIONS—(See Secre¬ 


tary of State.) 

STUB—(See Ballot.) 

SUFFRAGE—(See Right of Suffrage.) 

SUPERVISOR OF ROADS—(See Road Supervisors.) 

SURRENDER OF CORPORATE POWERS— 

Municipal corporations, by; proceedings . 25 

TALLY-SHEET— 

Copies, making, transmission and preservation of . 127 

Delivery of, to election officers . 115 

Forged or altered, possession of, with fraudulent intent; penalty .... 146 

Form for *.. 108 

Fraudulent writing on; penalty . ,..T46 

Furnishing of . 74 

Lost or destroyed, replacing of . 11G 

Primarv elections, of . 148 

TAXATION— 

Bonds for township and municipal purposes, for redemption of, sub¬ 
mission of question to voters .31-34 

Elections, levy for expenses of.70, 114 

Schoolhouse, submission of question of levy of tax for . 60 

Turnpikes, submission of question of general tax for . 62 

TERM OF OFFICE—(See Various Officers.) 

THREAT.S— 

Intimidating voters by . 10 

TIE VOTE— 

County officers, for . 35 

General assembly, for members of . 35 

Municipal officers, for . 28 

Presidential electors, for . S8 

Township officers, for . 19 

TOWN HALL— 

Purchase, question of, to be submitted to vote; levy for. 18 

Township trustees may purchase site and erect . 18 

TOWNSHIP—(See Township Trustees.) 

T^ocal optio-n . 3© 

Original survey-ed— 

Officers, election and terms of .16, 17 

Exceptions as to election of officers ..... 108 

Organized, when, may be . 16 

Question, submission of, to voters . 138 

TOWNSHIP CLERK—(See Township Officers.) 

Ballot-boxes, duty as to . 74 

Booths, guard-rails, etc., duty as to . 121 











































INDEX. 


179 


TOWNSHIP CLERK—(See Township Officers.)—Concluded. page. 

Canvass of vote for township officers . 73 

Election and term . 19 

Local option election, record of . 40 

TOWNSHIP ELECTIONS— 

Held, where and how; returns of .20, 73 

TOWNSHIP OFFK^EKS—(See Township Clerk; Township Tiustees.i 

Elections for, when and how held; returns of .18, 20. 73 

Return and canvass of votes for . 73 

TOWNSHIP PRECINCT—(See Precincts.) 

TOWNSHIP TREASURER—(See Township Officers.) 

Election; term, etc. 19 

TOWNSHIP TRUSTEES—(See Township Officers.) 

Bonds, purposes for which may issue; tax for redemption; submission 

of question to voters .81-34 

Divided townships, notice of holding elections in . 19 

Elections, levy for expenses of . 114 

Election; term, etc..19, 20 

Hearse, to submit question of purchase of... 22 

Local option . 89 

Notice of annual election of . 19 

Order of elections, to preserve . 19 

Original surveyed township, first election in . 16 

Places of holding elections, to determine.18, 19 

Public library, to submit question of . 21 

Section sixteen, duties as to sale of. 17, 18 

Town hall, may purchase or lease site and erect . 18 

TROOPS— 

Bringing armed, to places of election . 12, 12 

TRUSTEES—(See Township Trustees.) 

Hamlet, of—(See Municipal Corporations.) 

Bonds, purposes for which may issue; tax for redemption; submis¬ 
sion ot question to voters . 31-31 

TURNPIKES— 


Questions of general tax for, to be submitted to electors. 63 

UNITED STATES—(See Citizenship.) 

UNITED STATES MARSHAL—(See Marshal.) 

VACANCY—(See Various Officers.) 

Ballot, after printing of, how filled . 113 

Board of education, in . 60 

Clerk of election, in office of . 71 

Congress,, in office of representative in; how filled .. 35 

Abstracts in such case . 136 

Deputy state supervisors of elections, in board of, how filled.66, 67 

General assembly, in office of member of . 35 

.Tudge of election, in office of . 71 

Presidential elector, in office of . 38 

Ticket, on, when committee may fill .109, 112 

Manner of filling . 112 

Substitution of candidate of other party, or nominee by petition.... 109 
Substitution of name and marking of ballot when no nomination is 

made or name of nominee omitted ... 124 

VICE-PRESIDENT—(S'ee Presidential Elections.) 

VILLAGE—(See Municipal Corporations.) 


VOTE—(See Ballot; Canvass; Challenge; Right of Suffrage; Tie Vote.) 
Number necessary to authorize performance of act when statute pro¬ 


viding for submission of question is silent . 138 

Person may absent himself from employment to. 131 

Who may . 15 

VOTER—(See Citizenship; Elector.) 

VOTING—(See Ballot; Crimes and Offenses.) 

VOTING MACHINES— 

Commission to examine . 152 

Purchase and use of, in elections .151-156 










































180 


INDEX. 


4 


O 


VOTING SHELVES—(See Booths and Guard Rails.) 

WARD PRECINCT—(See Precincts.) page. 

Competent, in prosecutions for bribery, intimidation, or impeding or 

preventing free exercise of elective franchise . 132 

WITNES’S—(See Inspector.) 

Registration, in cities having . 91 

WOMAN—(See Married Woman.) 

School elections, rights in . 50 



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